employment terminated during 221(g) admin processing

[me_too_akg]

Hi Friends,
I am in big trouble. Please help me. My story is like this:

I was working as a full time employee with a big finacial company in NJ. I was on H1B. This April I came India on vacation, and as my H1B was expired so I went Delhi consulate for H1 stamping. Unfortunately I got 221(g) pink slip there. My company terminated my job on 29th Aug, 2008 although I received confirmation from embassy on 25th Aug that my visa is approved. My company also agrees that they will not cancel my H1B.

PLease friends help me what options do i have:

1. Can I go USA now, as I have valid H1B but my employement has been terminated ?, and after reaching there i found some consulting comp who is ready to transfer my H1.

2. or i can't go US as i don't have emploeyment right now, although my visa is valid and not cancelled by my employer ?

3. what is the timeframe in whihc i have to transfer my H1 to maintain my H1 status?

PLease help me friends,

Thanks,
Amit

 

[JohnThomas82]

Technically speaking, you should not enter US on a H-1B for an employer, where the employment does not exist.

The good and safest approach would be for your new employer to file for a H-1B, without change of status (as you are not in the US) and when it is approved, you can enter US as long as your visa is valid. You do not have to get a new visa.