Urgent advice needed... H1B out of status

[sandy dh]

Please Reply

Lana,
I am in trouble. I went to India 1 week before. I got news from my employer that he is going to terminate my h1. I don't have pay slips as I was out of status in US. what can I do? Please help me. I want to stay on h1 as my H1 is valid till Sept 2010. Will this h1 work or I have need to file new H1 and go through that lottery process again
Please reply me.
Thanks in Advance

 

[johnkk82]

advice needed...

Lana,
My project ended on May mid. And my pay slip for May was generated on May 22nd.
I am planning to stay till July end looking for a job.
Here is my understanding:
In the event that i get a job in June , i would be having the payslips for the previous month and there should not be any problem with the H1B transfer.
In the event that i get a job in July , i would not be having a payslip for June , so what would be the impact of the H1B transfer in this case? Please let me know.

Some additional info that might help:
1) My I-94 and Visa is valid till 2010. (It was stamped - for first time - in Oct 2007)
2) I reached US on March 2008
3) I am not sure about the my Visa Status, after I resigned from my previous company. In any case, I am not intimated about my Visa being cancelled.

 

[klap]

Some more advice please !

Dear Lana,

I am being laid off on 6/30/2009. H-1B and I-94 expire 7/30/2010.
I understand from your previous answers that I'll be out of status 7/1/2009 but NOT unlawfully present.

How long do I have past 6/30/2009 to find another position (i have heard from 30 to 60 days but I'm not sure) ?

If I find another position 45 days past being laid off and the new employer files a new I-129 on my behalf can I start working without awaiting approval?

Does being "out of status" have any consequences for future green card application ?

If I can't find another position is the last employer required to buy plane ticket to travel back to home country ?

thanks a lot in advance !

 

[cherishmoments5]

H1B transfer

Hi Lana

Ive got an H1B visa fr my previous employer which covered only fr Apr 13 to June 10,2009.They just terminated my contract.But the validity of my visa will still be on Sept 2011.Now i found another petitioner and my docs are with the lawyer already but he advised me that I cant work until he files the petition.How soon can I start working again to my new employer.I read that you can start working prior to approval of transfer.What are the chances of my transfer be approved?Is true that once u got released or terminated fr previous employer that I should be getting a new petitioner within 60 days upon the termination?
thanks!

 

[welcomehome]

Am I out of status?

Hello Lana,
I have a question regarding the Visa stamping. I am in US for the 8th year and I am going for a Visa stamping soon. In my case everything is clean and all the extensions were done since I had the greeen card processing also going on. My only issue in 9-10 years ago when I came I was on bench for a significant time and dont have paystubs for that periods. The tax returns show a low amount for that year because of this. I am concerned if this is considered as out of status? I was still employed with the company during this time.

If asked what best explanation should I give? Should I say I was sick, on parental leave or Vacation. Although this does not make sense since the period was too long.

Any advice will be greatly appreciated.

Thanks

 

[cybermank]

A bit confused

Hi all

My Complete History
1. Arrive in USA, Aug 22, 2009 on F1
2. I20 valid till 2004 with I94 Valid with ds notation on it.
3. I20 extened till 2006 by university.
4. Apply for OPT and receive opt card few weeks before graduation.
6. Graduated in time 2006 with BS in Computer Science.
5. Start working on opt in 2007 with Current Employer before the sevis rule changes on opt requirement (90 days without work means out of status- this was the rule change in April 2008- did not apply to me)
6. Before OPT expired in Feb 2008, I Rejoin university in Jan 2008 to do Second Bachalors in Computer Information Technology and register for CPT fulltime, the univeristy allowed me to work fulltime for one semester without registering for any classes. Got New I-20 with new expiration date(June 2010) on Jan 2008 and on the third page of new I20 it say that i was authorized to work for Employer A on CPT-Cirricular Practicle Traning with start and end date of the semester.
7. Then i transfer to new univeristy in the Summer of 2008 to do Masters in Computer Science and i did not work form the end of the semester from my previous university, till the begnning for the new summer semester from new university which was about 4 weeks, Took leave of absence. and when the new semester begin at the new university i Apply for CPT and i was aurhtorized to work on cpt full time term by term and it was noted on my I-20 third page that i was working full time.
8. While i was on CPT i was register full time for ever semester and pass every class with an A and Graduated in dec 2009.
9. While on cpt, my employer apply for my H1 in 2009 quota and i got my H1 approved from Oct 2009 till 2012.
10. I still have not got the stamping done and but planning to get it done on march or april 2010. I have all the I129, i797, LCA, pay stubs and w2s and i-20s to prove every work i did was legit and through proper channel as denoted on the thrid page of my i20s.

my question is that do you see any protential problem during the visa interview process with my above history, i am going back to my country of origin to apply for visa stamping since i will be getting married and will be applying for my wife's h4 visa as well at the same time.

Please advice me, i have been having sleepless night worring about the visa stamping issue and i could not even enjoying my wedding preparations and such. I will apprecaite your kind advice.

Thanks
A

 

[hellobond]

If you are going to attempt to do a transfer of a H-1B petition after you have been out of work for a long period of time, the USCIS WILL request proof that you are maintaining valid H-1B status and this is done through paycheck stubs, so if you do not have any recent ones, your H-1B, if approved, will be approved for consular processing and you will need to go to your home country in order to process for a H-1B visa. YOu will not need to show the paycheck stubs at the consulate or at the port of entry; you will only need to show the H-1B visa in your passport, provided you get it at the US Consulate abroad.

As for status maintenance, there is a difference between between out of status and being unlawfully present. YOu can be one but not the other necessarily. IT all depends on what your I-94 expiration date is. If you are here while your I-94 is still valid, even though you may not be working for the H-1B employer, you are not unlawfully present but you ARE out of status. If your I-94 is no longer valid and you are still in the US, you are both out of status AND unlawfully present and the unlawful presence starts to accrue from the date of the I-94 expiration date and once it reaches 180 days, even if you do depart the US, you will be barred from reentry in any other status for a period of 3 years. If you are unlawfully present for 365 days or more, you will be barred from reentry for 10 years.

Please let me know if you have any additional questions or need further assistance with this matter.

Hello Lana, Thanks for giving us nice piece of advices. I would like to know about this. Pleae clarify and Thanks in advance.

You have mentioned in the above post, which i have quoted, that a person will be denied entry in to the US for 3 years if he's unlawfully present in the country for 180 days, (that is even after the date in the i-94 card expires)

So my actual question,

1) Is that allowed or will that be considered as a grace period to be in US till 180 days. Say for example, a person is staying in US for 3-4 months time even after his I-94 date is expired. Will that be a problem for him to gain entry again in to the country.

2) Will the person be questioned while leaving the country?

Can you please throw light on the above scenario. Ofcourse, the person wants to stay in US for some family reason, and have no intention to be here unlawfully or illegally.

Thanks.

 

[OHRoadwarrior]

If they do not have legal documentation to be here and they stay, they intend to be here illegally. You can lie to yourself, but not the members.

 

[hellobond]

If they do not have legal documentation to be here and they stay, they intend to be here illegally. You can lie to yourself, but not the members.

Hi, OHroadwarrior, ok, as you said it is illegal and unlawful presence, which i agree.But my actual question is different. (Intention is something different than lie ing). Thanks.

 

[hellobond]

Hello Lana,

My cousin was in H1b and now changed her status to H4. When she want to apply for H1 again, will she be considered on quota basis ? or can apply at any time since this is not her first H1b application. Please clarify. Thanks a lot.