PDA

View Full Version : Project completed. Employer threatening


PrinceVA
03-05-2011, 09:56 AM
Hi All,
I just finished my project on last Monday and my employer sent me a form to fill up and told me that they will start cancelling 140 soon. I am with my employer for 5 yrs and such sudden statement surprised me.
I am in my 6th year of H1B and PD as June-2007. I didn get my EAD because of their mistaked in July,2007.
What are my options here. Is it advisable to start H1 Transfer process now ?
Please let me know.

gc2
03-05-2011, 11:01 AM
even if ur employer cancels I-140, you should be safe if 180 days have passed since I-485 filing. find another job and once you get it, call me so i can send u my resume ;-)

PrinceVA
03-05-2011, 11:50 AM
even if ur employer cancels I-140, you should be safe if 180 days have passed since I-485 filing. find another job and once you get it, call me so i can send u my resume ;-)

I dont have EAD. My employer changed their address during July 2007 and could not file my EAD. Do I still have 180 days for any steps ?

Its almost 5 yrs I am with this employer but they only care is money.

What other options I have ? I do not have EAD.

gc2
03-05-2011, 12:20 PM
find an alternate job fast and get H1 transfer if your existing relationship with current employer does not work. As long as you have legal status in US and the ability to use existing PD with a new I-140, you wont lose much (other than filing money, lawyer fees etc). i guess there's little that can be done to stop the revocation of I-140 unless you make peace with your employer. Alternatively get all your documents in place and try for a diff job with a new I-140 (with the current PD). hope this helps - pls consult an attorney.

number30
03-05-2011, 01:40 PM
Hi All,
I just finished my project on last Monday and my employer sent me a form to fill up and told me that they will start cancelling 140 soon. I am with my employer for 5 yrs and such sudden statement surprised me.
I am in my 6th year of H1B and PD as June-2007. I didn get my EAD because of their mistaked in July,2007.
What are my options here. Is it advisable to start H1 Transfer process now ?
Please let me know.

Does this means you did not apply for I-485?

PrinceVA
03-05-2011, 02:29 PM
Does this means you did not apply for I-485?

Nope. I did not apply for 485.

sathishav
03-06-2011, 07:33 PM
Is your 140 approved at least?

How many more months do you have in H1?

Do you have some time that can be recaptured because of your travel outside US?

If you tell your employer that you will get your own project (or whatever) will he hold off?



Hope you do have an attorney. we all can give our experiences, but a "very good" attorney can review case throughly and advice what is good for you.

krishmunn
03-06-2011, 10:46 PM
You did not mention if your 140 is approved

I am giving you two scenarios based on if your 140 is approved or not approved.

If it is approved:

You can get a H1 transferred to another employer and have 3 years H1 based on you current approved 140. You will have to start a new GC process (PERM and 140) but you can retain your current PD . This is true even if current Employer revokes the 140.

If it is not approved :

You can get H1 transferred to another employer and get 1 year H1 (or whatever time remains on your current H1 which ever is greated) based on approved PERM.

You will need to restart your GC process and you will have a new PD per the new process.

jthomas
03-07-2011, 01:41 AM
join the group http://groups.google.com/group/ivjobhunters

and post your qualifications or the job you are looking for, which state or nationwide.

Other members please help, post any jobs you know.

There is a yahoo group for software programmers, the name is kitlist (not very sure). A lot of software engineers found job through that.

Best of luck in your search and hope you find some job soon.

J Thomas

PrinceVA
03-07-2011, 08:37 AM
I have my 140 approved with PD as June 2007.
I talked to couple of other companies and they said I can retain my PD . I am trying to find a project. I am a DBA with over 9 yrs experience but getting project on H1 is getting tougher. I still not have completed 6 yrs of H1B and my visa is valid still July 2012 (Extension).
Can my employer cancel my 140 ? Do I have to loose my PD ? I got my 140 in 2007 it self.


You did not mention if your 140 is approved

I am giving you two scenarios based on if your 140 is approved or not approved.

If it is approved:

You can get a H1 transferred to another employer and have 3 years H1 based on you current approved 140. You will have to start a new GC process (PERM and 140) but you can retain your current PD . This is true even if current Employer revokes the 140.

If it is not approved :

You can get H1 transferred to another employer and get 1 year H1 (or whatever time remains on your current H1 which ever is greated) based on approved PERM.

You will need to restart your GC process and you will have a new PD per the new process.

PrinceVA
03-07-2011, 08:40 AM
Thank you Thomas,

I have joined the group.

thanx all folks,

join the group http://groups.google.com/group/ivjobhunters

and post your qualifications or the job you are looking for, which state or nationwide.

Other members please help, post any jobs you know.

There is a yahoo group for software programmers, the name is kitlist (not very sure). A lot of software engineers found job through that.

Best of luck in your search and hope you find some job soon.

J Thomas

sdeshpan
03-07-2011, 10:21 AM
I have my 140 approved with PD as June 2007.
I talked to couple of other companies and they said I can retain my PD . I am trying to find a project. I am a DBA with over 9 yrs experience but getting project on H1 is getting tougher. I still not have completed 6 yrs of H1B and my visa is valid still July 2012 (Extension).
Can my employer cancel my 140 ? Do I have to loose my PD ? I got my 140 in 2007 it self.
What kind of DBA? SQL Server? What location are you based out of? Let me know if you are interested in a FTE position in the NYC area...for Sr. SQL DBA

krishmunn
03-07-2011, 10:26 AM
I have my 140 approved with PD as June 2007.
I talked to couple of other companies and they said I can retain my PD . I am trying to find a project. I am a DBA with over 9 yrs experience but getting project on H1 is getting tougher. I still not have completed 6 yrs of H1B and my visa is valid still July 2012 (Extension).
Can my employer cancel my 140 ? Do I have to loose my PD ? I got my 140 in 2007 it self.

You retain your PD even if your employer cancel your 140. PD is retained unless 140 is revoked for fraud.

You should try for new job ASAP. When your new H1 is applied, the employer should ask for 3 year extension based on approved 140. After that, even if the 140 is cancelled by employer, you have nothing to loss.

I wonder why these employers are too eager to cancel 140 !

gc2
03-07-2011, 10:36 AM
the most effective thing to do is to patch up with your employer. talk to him about his discontentment. even if you decide to leave, try and leave on good terms. there's some discussion about cost of revoking I-140 for which you'd find the thread below helpful.

http://www..com/usa-discussion-forums/i485-eb/99932383/cost-to-cancel-i-140

once you've come to an aimcable closure, let go of the past and put all your efforts in finding a job. if you are an expert in your field and are fine with travel anywhere in US, your chances of finding an employer who is willing to transfer H go up.

if you can share your email, i can refer DBA opportunities to you.

sathishav
03-07-2011, 10:49 AM
agree with krishmunn and gc2.

An amicable solution is the best. DBA jobs (corp-to-corp) is aplenty, especially if you are willing to move. Not sure why he is eager to drop the 140 and send you out.

I also asked you about the time you traveled outside. that will be helpful for recapture, just in case you need to start all over again.

PrinceVA
03-07-2011, 01:50 PM
agree with krishmunn and gc2.

An amicable solution is the best. DBA jobs (corp-to-corp) is aplenty, especially if you are willing to move. Not sure why he is eager to drop the 140 and send you out.

I also asked you about the time you traveled outside. that will be helpful for recapture, just in case you need to start all over again.

THANK YOU FOLKS,

my email id is chiragdba at live dot com .
any requirement of Oracle DBA, please send across.
I was out of US for almost 6 months, I have still not completed 6 yrs so good at that side.

I was just wondering why all desi employers are like this. Why they want to screw our lives for few dollars. Why they dont think that they are doing this to our people.

Please let me know if you come across any reqs.

PrinceVA
03-07-2011, 01:55 PM
agree with krishmunn and gc2.

An amicable solution is the best. DBA jobs (corp-to-corp) is aplenty, especially if you are willing to move. Not sure why he is eager to drop the 140 and send you out.

I also asked you about the time you traveled outside. that will be helpful for recapture, just in case you need to start all over again.

THANK YOU FOLKS,

my email id is chiragdba at live dot com .
any requirement of Oracle DBA, please send across.
I was out of US for almost 6 months, I have still not completed 6 yrs so good at that side.

I was just wondering why all desi employers are like this. Why they want to screw our lives for few dollars. Why they dont think that they are doing this to our people.

Please let me know if you come across any reqs.

HRPRO
03-07-2011, 02:18 PM
Prince

Soory to hear your situation. Speak to your employer and see if he can retain the petition. There is no necessity to recall the 140 as there is for a H-1. Even if he wants to recall the H, he can leave the 140 as is.

Ofcourse your PD will not be touched and even if you transfer and get another 3 years on a H-1 you still have to go through the whole 9 yds again, which in my opinion is too much of a pain to undergo twice.

If your employer is still adamant that he does not want to retain you, at least try to work out a deal to keep the petition alive and transfer your H

If you need help looking for a position in the IL/GA/FL/DC/VA/MD/NYC area, let me know.

PrinceVA
03-07-2011, 05:29 PM
agree with krishmunn and gc2.

An amicable solution is the best. DBA jobs (corp-to-corp) is aplenty, especially if you are willing to move. Not sure why he is eager to drop the 140 and send you out.

I also asked you about the time you traveled outside. that will be helpful for recapture, just in case you need to start all over again.

Thank you all. I am trying to find a DBA position and hopefully should get it. My only fear is loosing a PD. My email id is chiragdba at live . com.
Thoms, we should keep that group alive and send all the requirements we are getting to single group id. That will help a lot of people here. I will try to keep it updated and will share all consultant ids soon.
Guys, thanx again for all the help.

PrinceVA
03-07-2011, 05:31 PM
Prince

Soory to hear your situation. Speak to your employer and see if he can retain the petition. There is no necessity to recall the 140 as there is for a H-1. Even if he wants to recall the H, he can leave the 140 as is.

Ofcourse your PD will not be touched and even if you transfer and get another 3 years on a H-1 you still have to go through the whole 9 yds again, which in my opinion is too much of a pain to undergo twice.

If your employer is still adamant that he does not want to retain you, at least try to work out a deal to keep the petition alive and transfer your H

If you need help looking for a position in the IL/GA/FL/DC/VA/MD/NYC area, let me know.

HRPRO,
my id is chiragdba at live . com. Also, I will try to keep the group suggested by Thomas alive and will share all consultant lists. I will try to share as much as I will be able.

IV, you rock. with such senior members, I hope we will reach to our destiny (GC).