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mzafar125
10-18-2008, 03:23 AM
Hello,

My brother works in the consulting field, he was doing SOX audits and compliance testing for a big audit company. He was on an H1-B visa and
spoke with his partner before going to get it stamp abroad. The partners assured him that if he got stuck in administrative processing then he could
work remotely (My brother never got anything in writing). My brother left the US and when he applied for this Visa, his
application was sent for further administrative processing to DC. His partner
informed him via e-mail that if he does not report to work after his vacation
is over then they will assume he has resigned his position. My brother called the
partner and they have taken the stance that if he does not show up to work
next week Monday then he has lost his job. What are his options at this point ? Can he still enter the US on a H-1B visa if his position is no longer valid ? Can he pursue legal action against the company ? If so which legal agency does he need to contact ? I think this is as a result of the market, the firms are trying to cut costs and we are stuck in the middle. Unfortunate situation. I appreciate your response.

Thanks!

kart2007
10-18-2008, 03:47 AM
Well, from what I understand, your brother's H1B actually got stuck for processing and the company, in spite of giving verbal assurance, wont hire him back now?

A job is up to a company's discretion. They can fire their employees at will (unless there's a written contract term).

As far as the H1 B goes, as long as the company does not withdraw his petition (most companies wont as it would cost them), I dont see any problem at the port of entry. What he needs to do asap is to find a job and get his H1B transferred to another company that has a job for him. He can do it while he is in India to save some time.

I am not sure how long he can remain jobless on H1B - its probably 180 days but I am not sure.

adobe howm
10-18-2008, 04:07 AM
I think now there is a rule that became mandate that if an employer identified an employee no longer with company then employer must revoke the petition filed for employee. So I would check the current status of H-1B's SRC# on USCIS online.

mzafar125
10-19-2008, 03:34 PM
Can my brother transfer his Hi-b while they are doing the back ground check in DC ? If the original company is not willing to wait then it makes sense to transfer it and let the embassy know accordingly.

Thanks!