H-1 Transfer Approved- No I-94, Contract Project over-employer says Iam laid off.

R

rgol

Registered Users (C)
Hi all,

Iam in a very difficult situation currently. Iam looking for your all valuable suggestions, Please advise me.

I was working on a project with my employer till 17th of jan 2007, when my project got over.

My employer filed a H1-transfer for me when i joined him in
may-2006.

My visa transfer had a query in Oct-2006 due to the missing paystubs with my previous employer. After sending the supporting letter from my previous employer that I was on an unpaid authorized vacation for the missing paystub(about 50 days- from 12 Mar '06 to Apr 30th '06) period, I heard from them on 2-1-07, approving the H1B transfer but denying my H1 extension by not sending the new I-94, and asking me to leave US immediately saying that I have lost my status and will have to get the visa stamping.

My employer was trying for a project for me since my project ended on jan-17th, but I just got to know yesterday that they have actually laid me off and Iam no more their employee as I am no more on a project with them.

So Iam unable to get an employment verification letter, which is a required document for getting the visa stamped.
My employer is saying that I should be leaving to India as they cannot verify for the US Consulate a current employment for me.

My current employer is saying that, i should be leaving the country at the earliest next week (and as is said by USCIS).

Please advise me, what are the options iam left with right now or how to get back into status...

Also a question....
I've been trying to contact my previous employer. if my previous employer hasn't cancelled my H1B still, can I still get back to him, if he accepts me? And, In that case, what are the further actions that i need to do? Do I need to apply for some filing to the US consulate again.


Thanks to all.
RKG.
 
please clarify...

Thanks GotPR?

GotPR? There is only one thing which works. i.e. finding new H1 sponsor.
Click to expand...

does that mean, i've to apply for H1-B transfer with a new H1 sponser.......or am I no more on a H1...and will have to apply for a whole new H1 from india with all the H1 quota competition......
Also i've done Masters in US...so will this help regarding the H1's availabilty/competition ...if iam having to apply for a whole new H1 from India.....

please clarify...

Thanks
RKG
 
Last edited by a moderator:
rgol said:
Thanks GotPR?



does that mean, i've to apply for H1-B transfer with a new H1 sponser.......or am I no more on a H1...and will have to apply for a whole new H1 from india with all the H1 quota competition......
Also i've done Masters in US...so will this help regarding the H1's availabilty/competition ...if iam having to apply for a whole new H1 from India.....

please clarify...

Thanks
RKG
Click to expand...
You can still try to transfer H1 to new employer in the US if you could find one. Since you don't have H1 job now, approval of transfer is on full discretion of CIS. THe worst case is your H1 gets approved without I-94, therefore, you have to travel. I think you already got into this situation(H1 approval w/o I-94), it is highly likeky that you'll end up in the same outcome as previous transfer.

In case you file H1 outside the US, read page4 of the following new announcement from CIS.
http://www.uscis.gov/files/pressrelease/PeriodsofAdm120506.pdf

This case is rather complicated as you don't have I-94 with the last employer.
I'm not sure which I-94 rules your current status. If original one still ruled your status, it's not so bad, but if the denied I-94(because you already switch to new employer) is the one dictated your status, you are currently overstaying. If that's case, I believe your overstay started upon denial of transfer, but you should confirm with lawyer.
If you are considered overstaying, you should go out and look for H1 job from outside of the US.. As memo suggests, you are not subject to quota.
 
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Hi GotPR?

Thanks for your comments....

iam still trying to contact my 1st employer, if he has cancelled my H1 or not...and also trying to contact a good lawyer.....

In case you file H1 outside the US, read page4 of the following new announcement from CIS.
Click to expand...

Thanks for the above details....
I've looked at the pdf......it is said on the top of the Page 5 --
If the alien was not previously counted against the H-1B numerical limitations (i.e. because cap-exempt), the alien will be counted against the H-1B cap unless he or she is eligible for another exemption.
Click to expand...

When I changed from F-1 to H-1B, I've applied from within the US and should have been cap-exempt....
So, can you please let me know, what determines in the above quote....if "he or she is eligible for another exemption"

Thanks,
RKG.
 
Last edited by a moderator:
rgol said:
When I changed from F-1 to H-1B, I've applied from within the US and should have been cap-exempt....
So, can you please let me know, what determines in the above quote....if "he or she is eligible for another exemption"

Thanks,
RKG.
Click to expand...
What detemines whether you were counted toward quota is simple. i.e. literally you were counted or not.
Unless your employer was non-profit reseach institute such as university or research laboratory, you were counted toward quota.
 
An update

Hi...

Earlier, i got the letter on 2-1-07 from USCIS of the H1 extension denial and that i should be leaving the US immediately.

I've checked with my 1st employer...
he hasn't cancelled my H1 with him yet and he has said that I can join his company again..

So the attorney of my this 1st employer has said that, as I already have a valid H1 visa stamp with this(1st) company in my passport, I just need to cross the border and get a new I-94 copy.

But said that I need to fix the I-94 issue soon.

For getting the canadian visa to cross the Canada border, paystubs from the current employer are to be shown at canadian consulate. My employer attonrey has advised me to wait till the 1st paystub and then go for the canadian visa and then cross the border to get the new I-94.

And this takes about 7+ days more from now. And that is like 2+ weeks since i've got the letter from USCIS.
The Attorney has said that it is fine for me to stay in US till then.

Will let you know, when Iam going for the I-94 and once I get back.

Ravi.
 
Rgol, Were you able to get the visa stamped. Did they ask you for more information on missing pay stubs.
Can you let me know.
 
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