About to be terminated because of invalid status

M

mottai

Registered Users (C)
Here is my condition. Please advise....

I was working for a start-up X. They closed sometime in Feb '2003. Two months before they closed, they applied for my H1-B extension.

I joined a shady desi consulting firm Y after my previous employer closed down. This company applied for my H1-B Transfer.

I got an offer from another start-up Z in Aug '2003. This company applied for my H1-B transfer. We got a RFE from INS on this H1-B transfer. The RFE states that

"Electronic records indicate that a prior petition was filed on the beneficiary's behalf. On November 6, 2003, the Service requested additional information on that petition. Before the Service and continue with this case, the prior petitioner must respond to the request for additional evidence".

The shady desi consulting firm Y's H1-B transfer got an RFE. They never responded to the RFE. Since the firm Y does not have a vested interest in my scneario, I doubt if they would respond to the RFE.

My present employer(company Z) hired an immigration attorney. This immigration attorney says my status is not valid because I started working for the shady desi consulting firm even before I got my H1-B Receipt notice. On this grounds they are going to terminate my job tomorrow and then look for options for bringing me back on job.

Is this a valid reason to terminate my employment...?

Thanks
mottai
 
My present employer (company Z) hired an immigration attorney. This immigration attorney says my status is not valid because I started working for the shady desi consulting firm even before I got my H1-B Receipt notice.
-----Lawyer is correct
On this grounds they are going to terminate my job tomorrow and then look for options for bringing me back on job.

Is this a valid reason to terminate my employment...?
----- they cannot employee you without legal status
 
Hi ginnu,

Thanks a lot for your reply.

If they terminate my employment, what would be the legal ways of getting me back into the company. I am waiting to discuss this with the attorneys. It would be good if someone were to tell the valid options that is available to me. My managers have told me that they cannot afford to lose me at this time.

On the other hand, Why should my present employer bothered about my status with the previous employer...?

Cheers
Mottai

Originally posted by ginnu
My present employer (company Z) hired an immigration attorney. This immigration attorney says my status is not valid because I started working for the shady desi consulting firm even before I got my H1-B Receipt notice.
-----Lawyer is correct
On this grounds they are going to terminate my job tomorrow and then look for options for bringing me back on job.

Is this a valid reason to terminate my employment...?
----- they cannot employee you without legal status
Click to expand...
 
It is not the present employer doing the problem, it is the USCIS (and your previous employer). Maybe they are going to do a newH1?
 
Hi jaxen2,

Thanks for the reply.

Yeah you are right, it is my previous employer and USCIS.

You are right that my present employer is doing to a H1 which will be cabled to a consulate(either Tijuana or Vancouver). The lawyers have told that the H1 does not fall under the H1B Cap. I have the following questions on this approach

0. Which place is better Tijuana or Vancouver ?

1. My attorneys are advising to declare to the USCIS that I was not maintaining legal status because I started working before the H1-B Notice. Will this be a problem for telling the truth to INS..?

2. Any other tips will be appreciated.

I am going to get a second opinion from another immigration attorney tomorrow. Tomorrow is my last day at work :-(

Thanks
mottai

Originally posted by jaxen2
It is not the present employer doing the problem, it is the USCIS (and your previous employer). Maybe they are going to do a newH1?
Click to expand...
 
Something similar

I believe my case is a bit similar....

I was working for a company A when company B gave me an option to join them and they will do my labor from Pensylvania. I asked them to file my labor and I will join them later. They agreed. But they filed a H1 also for me along with Labor applictaion.

However I kept working for company A all the time. Later on company C offered me a substitute labor and filed my H1 and I joined them after we got the receipt notice for this H1.

Now USCIS has issued RFE on this H1 ( filed by company C ). I am still not sure what is the RFE about, however can it be a problem if one company files my H1 and I still never join them ?

will_get_there
 
1. My attorneys are advising to declare to the USCIS that I was not maintaining legal status because I started working before the H1-B Notice. Will this be a problem for telling the truth to INS..?

------ Why the attorney is going to declare to USCIS that you were not maintaining status with earlier company? Let the USCIS find out if they dont find they may approve H1. Go to second attorney for advice
 
0. Tijuana definitely

I am with ginnu, either tell attorney that you will no take the option or find another attorney.
 
jaxen2 and ginnu,

Thanks for your inputs.

I consulted with second attorney for a second opinion. They gave the same opinion as my previous lawyer. The second attroney told me that if I misrepresent something and if the INS finds that out, I will be in greater problem later. I guess there is a question in the DS-156 form which asks a question if one had maintained legal status with the visa. I guess both the attorney want to check the field which says that I did not maintain legal visa status. The second attorney gave an example that at the Chennai consulate they check if the salary an employee gets in a W2 matches with that of what is mentioned in the Labor Condition of H1-B application. The second one suggested to tell the truth.

I am thinking of going ahead with Tijuana based on the lawyer and the inputs from this forum. This will be a great risk if they reject my visa in Tijuana, How will i get back to India from there.

Please let me anything i need to ask the lawyers.

Cheers
mottai

Originally posted by jaxen
0. Tijuana definitely

I am with ginnu, either tell attorney that you will no take the option or find another attorney.
Click to expand...
 
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