Advice for H1B extension for an unique case

B

bloomfield

New Member
1. I started working for Company A as contractor in January 2001. At the time my h1b was with company B.
2. Company A has hired me as full time employee in June 2001 and transferred H1B.
3. Company A laid me off in January 2003. But haven't notified INS.
4. Company A hired me back in June 2003. On same H1B which they have used to hire me in June 2001. Company A's, H1B is expiring in April 2004.

5. Company B, H1B expired in sep 2003.Hence even if I was out of job from Feb-May I was not out of status. Company B is cooperative; they have not paid any money during Feb-may because they couldn't find any customer. However, they are very cooperative. And if necessary they can furnish info.

6. Now company A would like to file for my H1B extension. If they show my hiring date as June 2003. What issues Can company A or I may face?
If they don't mention my laid of time the only issue I see is Pay rate and year to date salary difference which is on Company's A salary slip.

What is best way to approach the issue? Company A is small company (non consulting) are very much dependant on employees experience and knowledge about H1B issues. Please advice.
Thanks,
 
There seems to be a basic problem
Let us see your legal stati
company B till Jun 2001
companyA June 2001 to Jan 2003
company A June 2003

Since you worked for company A till Jan 2003, the company B H1 (valid till sept 2003) is not at all valid in your case. By switching to company A in June 2001 you have voided company B H1.
From Jan to June 2003 you have been out of status.

If you have not applied for H1 extension in June 2003 when you joined company A again, you are screwed some more. This is Dec 2003 and you have not applied for extension for the past 6 months.

When you are found, you will be deported.
 
What is the remedy.
1. If my present company files for extension what question INS may raise?
2. What if my company A file for extension in Feb next year when my rate of payment and year to date salary will match
3. What if company A doesn't say anything about layoff period? Because they haven't notifed INS about layoff
More comments please
Thanks
 
Whatever and whenever you apply for H1 or H1 extension or H1 transfer, there is a high possibility that somebody will catch this and will deny the petition.
 
What will be the possible catch
1. If I have worked for company A from June 2001 to Jan 2004 and in 2004 Company A wants to file an extension (renewal) for the same.
How the case is different (at least from documentation) perespective. And in USA people are out of job for upto 2 years still getting new H1B. How are they doing then?
Are you on H1B?Or are you lawyer by profession?
Thanks
 
It is very much possible that you are working for Company A from June 2001 till April 2004 acording to papers and information you provided. In that case extension through Company A shouldn't be a problem. In case BCIS is aking for last six months paystub, according to you, you shouldn't have any problem. However, if they ask you to prove that you were part of A for the last three years than that could be a problem. Please consult with some good lawyers, you might be able to get extension. Good Luck!

M

Originally posted by bloomfield
1. I started working for Company A as contractor in January 2001. At the time my h1b was with company B.
2. Company A has hired me as full time employee in June 2001 and transferred H1B.
3. Company A laid me off in January 2003. But haven't notified INS.
4. Company A hired me back in June 2003. On same H1B which they have used to hire me in June 2001. Company A's, H1B is expiring in April 2004.

5. Company B, H1B expired in sep 2003.Hence even if I was out of job from Feb-May I was not out of status. Company B is cooperative; they have not paid any money during Feb-may because they couldn't find any customer. However, they are very cooperative. And if necessary they can furnish info.

6. Now company A would like to file for my H1B extension. If they show my hiring date as June 2003. What issues Can company A or I may face?
If they don't mention my laid of time the only issue I see is Pay rate and year to date salary difference which is on Company's A salary slip.

What is best way to approach the issue? Company A is small company (non consulting) are very much dependant on employees experience and knowledge about H1B issues. Please advice.
Thanks,
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