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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 08-19-2008, 02:13 AM
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Default Please help! How to keep status!

Hello:

I worked as a contractor with H1-b but did not get renewed last week. I am out status for several days now. Would you please advise me how I can keep my status while I still stay in US.

Thank you in advance.
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  #2  
Old 08-19-2008, 02:55 AM
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Hi Giles08,

Please provide us with more details for us to help you. For eg. visa status & timeline of your stay since you 1st landed in the US and any trips out of the US since then.
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  #3  
Old 08-19-2008, 04:41 AM
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Default

You probably may be accruing illegal stay now (if your I94 expired). This is serious and act immediately. Get good legal help right away (I mean a good and prompt immigration attorney).

The other option is just leave US for now and get new H1 done from your home country. (your H1 may not have to be counted for the quota).

-Morchu
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  #4  
Old 08-19-2008, 11:33 AM
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Default

Quote:
Originally Posted by Giles08 View Post
Hello:

I worked as a contractor with H1-b but did not get renewed last week. I am out status for several days now. Would you please advise me how I can keep my status while I still stay in US.

Thank you in advance.
hello..
i assume ur I 94 has expired...if it is just under 10 days. just apply as soon as you can. you have to file I-539. dont worry...if u say u forgot to renwew it..officila would understand.
See a lawyer and file immediately. The later it is the harder it will be..
Good Luck!!
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  #5  
Old 08-19-2008, 12:09 PM
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Default

If you are currently working with your employer , you don't need to worry much , get a consultation with a good lawyer ASAP . As per the law , if employer layoff you , they should give a 1 way ticket to your home country ( if you are in H1b status ) , My best feeling is your employer already renewed your H1B, but not telling you the detail. Please do not take my advice as a legal advice . Consult an attorney ASAP
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  #6  
Old 08-19-2008, 06:54 PM
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Default

Thank you all for your reply.

I seemed that my letter made a confusion. Very Sorry! My situation is:

My job was terminated last Friday. My I-94 is not expired and still has two left. My company said that they will send a letter to USCIS to revoke the H1-b.

Please help how to keep my status! Thank you again!
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  #7  
Old 08-19-2008, 07:29 PM
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Default No Worries

Quote:
Originally Posted by Giles08 View Post
Thank you all for your reply.

I seemed that my letter made a confusion. Very Sorry! My situation is:

My job was terminated last Friday. My I-94 is not expired and still has two left. My company said that they will send a letter to USCIS to revoke the H1-b.

Please help how to keep my status! Thank you again!
Dude .. Please ask questions clearly and you get better answers , If I m not wrong you have 2 more days left on your I94 ? Correct .

If so find a company who can file your H1 immediately , there are lot of desi comapnies that can do that for you . You do not need a approval , you just to apply for H1 before you I94 expires , you will get an extended I94 with your new H1 approval .

Stop wasting time and find a employer who can file your H1 immediately . Dont worry about 2 days here and there
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  #8  
Old 08-19-2008, 07:39 PM
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Default I agree

I agree with pBojja....take time to review your questions before hitting POST.
As for the visa issue, find another company or start preparing to leave. USCIS has gotten very strict with over staying aliens and also, since your case is unique as far as time line is concerned, you might get a RFE on your new H1 app. However, just sending in your app. buys you ample time to deal with any issues that MIGHT come up.
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  #9  
Old 08-19-2008, 07:41 PM
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Default H1 quota

All new H1-B count towards the H1-B cap and quota. There is no way to apply for H1-B from home country. It has to be done by US-based employer in the US.
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  #10  
Old 08-19-2008, 08:29 PM
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Default

Sorry again! My situation is:

My job was terminated last Friday. My I-94 is not expired and still has two years left. My company said that they will send a letter to USCIS to revoke the H1-b. If my H1-b was revoked before any other company file H1-b transfer, Can I get the H1-b back?

Thank you again!



Quote:
Originally Posted by pbojja View Post
Dude .. Please ask questions clearly and you get better answers , If I m not wrong you have 2 more days left on your I94 ? Correct .

If so find a company who can file your H1 immediately , there are lot of desi comapnies that can do that for you . You do not need a approval , you just to apply for H1 before you I94 expires , you will get an extended I94 with your new H1 approval .

Stop wasting time and find a employer who can file your H1 immediately . Dont worry about 2 days here and there
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  #11  
Old 08-19-2008, 08:35 PM
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Default

Quote:
Originally Posted by Giles08 View Post
Sorry again! My situation is:

My job was terminated last Friday. My I-94 is not expired and still has two years left. My company said that they will send a letter to USCIS to revoke the H1-b. If my H1-b was revoked before any other company file H1-b transfer, Can I get the H1-b back?

Thank you again!
If they are terminating the H1, your employer needs to give ticket to india. If they are not terminating, find another employer asap and file the transfer. Otherwise if you are staying without pay stub, you are going to be out of status - even if your H1 is not terminated.

First thing, find a good employer sooner
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  #12  
Old 08-19-2008, 08:50 PM
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Default

Quote:
Originally Posted by Giles08 View Post
Sorry again! My situation is:

My job was terminated last Friday. My I-94 is not expired and still has two years left. My company said that they will send a letter to USCIS to revoke the H1-b. If my H1-b was revoked before any other company file H1-b transfer, Can I get the H1-b back?

Thank you again!
Did you get any severance pay? If you still have an option, ask the employer to provide it as a part of normal payroll (over the course of next month or so) rather than a single pay check. That will get you more time to find another employer.

BTW, when you apply for H1 with new company, you might have to provide last 2+ pay stubs. So, if you could find another who can do the transfer before the pay stubs become old, that would be ideal. IF not, some times you might get the extension without any problem and, some times you get H1 without I-94 attached to it and you would have to go out of the country to get your visa stamped.

My suggestion is, spend your energy now in finding another job asap and things will be good.

DISCLAIMER: I am not an attorney and this is not a legal advice.
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  #13  
Old 08-19-2008, 09:25 PM
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Default

Thanks. They didn't give me severance pay. And one week short. This company gived bi-week pay check after an employee works for three weeks.

so they own me one week wages.

Now the problem is it hard to finid a employer in such short.

Thanks,



Quote:
Originally Posted by yagw View Post
Did you get any severance pay? If you still have an option, ask the employer to provide it as a part of normal payroll (over the course of next month or so) rather than a single pay check. That will get you more time to find another employer.

BTW, when you apply for H1 with new company, you might have to provide last 2+ pay stubs. So, if you could find another who can do the transfer before the pay stubs become old, that would be ideal. IF not, some times you might get the extension without any problem and, some times you get H1 without I-94 attached to it and you would have to go out of the country to get your visa stamped.

My suggestion is, spend your energy now in finding another job asap and things will be good.

DISCLAIMER: I am not an attorney and this is not a legal advice.
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  #14  
Old 08-20-2008, 04:19 PM
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Default Easy

Quote:
Originally Posted by Giles08 View Post
Thanks. They didn't give me severance pay. And one week short. This company gived bi-week pay check after an employee works for three weeks.

so they own me one week wages.

Now the problem is it hard to finid a employer in such short.

Thanks,
Dont worry about H1 termination it takes time , your employer need send a letter and processing fee to CIS , It will take a while before it gets cancelled .

Here is my suggestion , If you find a job any employer can sponsor you . If not go to desi websites where you can find employers who can sponsor your H1 and find a job for you . Its not that difficult if you are expereinced .
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  #15  
Old 08-20-2008, 05:25 PM
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USCIS takes time (atleast 1+ mos) for cancelling H1B .
________
BustyXBlond cam

Last edited by s_r_e_e; 09-15-2011 at 04:24 AM.
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