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Out of status, employment gap and status revalidation Gap in employment(paystubs) and the resulting problems during status transfer and green card filing.

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  #1  
Old 12-19-2009, 12:41 AM
indygc indygc is offline
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Exclamation Out of Status -- Very Urgent!!!!

Hi All,

One of my friend is in a bad situation, I am posting on behalf of him,

He is having H1B from Company A, company even filed labor, he got a project all was going well , his project with client got over on September 15th 2009. He was on bench since then, his recruiting guys tried hard marketing him and atlast after 3 mnths found a project and when the time has come for paper work, today,HR from client called and told him that his company A's HR responded them saying his H1 was cancelled on September 15th as soon as his project got over with his previous client. My friend was not intimated about this not even the recruiter and was in assumption that company is still supporting him ..He is in shock and helpless..

Now the question is its more than 90 days since Sept 15th, what is the current situation what can he do? (has 2 offers in hand and no h1)..wat are the options he left with? Anything can be done? Can he stay and apply a new H1 or transfer? Pleas advise, Gurus appreciate your quick response.

Thanks in Advance
AJ
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  #2  
Old 12-19-2009, 01:08 AM
GC_1000Watt GC_1000Watt is offline
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Default Talk to Murthy law firm

Quote:
Originally Posted by indygc View Post
Hi All,

One of my friend is in a bad situation, I am posting on behalf of him,

He is having H1B from Company A, company even filed labor, he got a project all was going well , his project with client got over on September 15th 2009. He was on bench since then, his recruiting guys tried hard marketing him and atlast after 3 mnths found a project and when the time has come for paper work, today,HR from client called and told him that his company A's HR responded them saying his H1 was cancelled on September 15th as soon as his project got over with his previous client. My friend was not intimated about this not even the recruiter and was in assumption that company is still supporting him ..He is in shock and helpless..

Now the question is its more than 90 days since Sept 15th, what is the current situation what can he do? (has 2 offers in hand and no h1)..wat are the options he left with? Anything can be done? Can he stay and apply a new H1 or transfer? Pleas advise, Gurus appreciate your quick response.

Thanks in Advance
AJ
Talk to a good immigration lawyer...preferably Murthy law firm.
I believe H1B transfer is out of question now. You can ask a company to file a new H1B visa coz I believe there are still some visa numbers available.
I am not a lawyer and hence please consult with experienced immigration attorney.
Hopefully new year will come with good news for you.
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  #3  
Old 12-19-2009, 01:10 AM
redcard redcard is offline
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Quote:
Originally Posted by indygc View Post
Hi All,

One of my friend is in a bad situation, I am posting on behalf of him,

Thanks in Advance
AJ
My Friend, My Friend' Friend and Friend.. and the story goes on. I am sure you Friend has access to net and can express himself... ask him to post here and I am sure he will get ton's of first hand advise..
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  #4  
Old 12-19-2009, 01:32 AM
Gravitation Gravitation is offline
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There's a quite a misconception that if h1 is canceled, it cannot be extended. It's nothing like that. Your friend can file for visa transfer (pay extra for premium processing) and get it in two weeks.

The only time you have to file a new H1 is when you leave US and remain outside for a year. Otherwise an transfer is all you need. This misconception is very widespread. Rajiv Khanna was at pains to try to exterminate this in one of his tele-conferences.

Anyhow, at this point, your friend should be talking to an attorney instead of having you make a post at this forum.
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  #5  
Old 12-19-2009, 01:45 AM
meridiani.planum meridiani.planum is offline
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Originally Posted by Gravitation View Post
There's a quite a misconception that if h1 is canceled, it cannot be extended. It's nothing like that. Your friend can file for visa transfer (pay extra for premium processing) and get it in two weeks.

The only time you have to file a new H1 is when you leave US and remain outside for a year. Otherwise an transfer is all you need. This misconception is very widespread. Rajiv Khanna was at pains to try to exterminate this in one of his tele-conferences.

Anyhow, at this point, your friend should be talking to an attorney instead of having you make a post at this forum.
seconding this post. the H1 is still valid. It can be extended. The only two potential troubles are:
1. its been quite some time since your friend was last in status (Sept) so USCIS will liekly issue an RFE (do the transfer in premium processing) and will approve the H1 but not the updated status (you will get an I797 without an I94 at the bottom). If that happens your friend will need to leave the US and return (any border, need not go to home country) to activate teh H1.

2. if your friend stays out of status for >6 months it can impact his eligibility for greencard down the line.
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  #6  
Old 12-19-2009, 09:34 AM
ivgclive ivgclive is offline
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Quote:
Originally Posted by indygc View Post
Hi All,

One of my friend is in a bad situation, I am posting on behalf of him, ....

AJ
I asked my friend about this, since he has not had any idea he asked his friend, who suggsted to talk to another friend of his friend who knows little about immigration and he told my friend of friend of friend that "Tell your friend or be assured that you can not talk for your friend in immigration related issues".

Guys, we are entering 2010...
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  #7  
Old 12-19-2009, 10:26 AM
a1b2c3 a1b2c3 is offline
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Originally Posted by ivgclive View Post
I asked my friend about this, since he has not had any idea he asked his friend, who suggsted to talk to another friend of his friend who knows little about immigration and he told my friend of friend of friend that "Tell your friend or be assured that you can not talk for your friend in immigration related issues".

Guys, we are entering 2010...
redcard and igcard, why don't you guys just fuck off?
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  #8  
Old 12-19-2009, 12:29 PM
abracadabra102 abracadabra102 is offline
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My Friend, My Friend' Friend and Friend.. and the story goes on. I am sure you Friend has access to net and can express himself... ask him to post here and I am sure he will get ton's of first hand advise..
I second this post. Your "friend" should learn to fend for him/herself and post directly here.
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  #9  
Old 12-19-2009, 01:53 PM
redcard redcard is offline
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redcard and igcard, why don't you guys just fuck off?
Thanks buddy, I shall ask my friend, who has another friend, who is friend with another friend of his friend who is friend with another friend who is known by alb2c3 who will tell me how to "FO" as he has a PhD in "F@##"". As soon as I here from him I shall let you know friend
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  #10  
Old 12-20-2009, 02:42 PM
ajp5 ajp5 is offline
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Thanks buddy, I shall ask my friend, who has another friend, who is friend with another friend of his friend who is friend with another friend who is known by alb2c3 who will tell me how to "FO" as he has a PhD in "F@##"". As soon as I here from him I shall let you know friend
Guys,
You might be a little frustrated with whats going on in your lives, hence the FOs and F****. You have the right to be pissed at this guy and what you have said is correct. But if you ever want anyone to take "Immigration Voice" seriously.............STOP cursing in these forums. IV is paying thousands of dollars for lobbying and trying to bring change. We have helped thousands of people with answers (and that includes me) but using such language in the forums undermines everything we stand for.

If you can help..go ahead...If you cant.........LOG OFF.
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  #11  
Old 12-21-2009, 12:05 AM
fide_champ fide_champ is offline
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Quote:
Originally Posted by indygc View Post
Hi All,

One of my friend is in a bad situation, I am posting on behalf of him,

He is having H1B from Company A, company even filed labor, he got a project all was going well , his project with client got over on September 15th 2009. He was on bench since then, his recruiting guys tried hard marketing him and atlast after 3 mnths found a project and when the time has come for paper work, today,HR from client called and told him that his company A's HR responded them saying his H1 was cancelled on September 15th as soon as his project got over with his previous client. My friend was not intimated about this not even the recruiter and was in assumption that company is still supporting him ..He is in shock and helpless..

Now the question is its more than 90 days since Sept 15th, what is the current situation what can he do? (has 2 offers in hand and no h1)..wat are the options he left with? Anything can be done? Can he stay and apply a new H1 or transfer? Pleas advise, Gurus appreciate your quick response.

Thanks in Advance
AJ
Your friend's immediate task is to rectify the status issue. Either he has to get a visitor or a student visa and get back to status ASAP. Since his H1 was cancelled, he cannot do a H1 transfer. The other option is to go out of the country immediately and apply for a fresh H1. The new H1 would not be counted against the cap as he has not completed 6 years with the previous H1.

The safer bet i would say is to go out of country and come back with a new H1.
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  #12  
Old 12-22-2009, 01:24 AM
indygc indygc is offline
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Thanks guys for all your inputs.

God bless redcard & IVG*..give them some peace.
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