i\'m asking for a friend of mine. she was contracting for a reputed big company X and had a H-1 through her contracting agency Y. now, the company X has a rule that contractors are not allowed to work for more than a year at a time -- they have to take a break of 100 days before returning to work at X again. now since Y is a contracting company, they "exited" her from the company -- this means, her H-1 is still valid, but she won\'t get paid any more.
she\'s in a fix now. she works in an area that doesn\'t have too many available jobs. and she has spent about 10 years in the US till now, changing visas from F-1 to H-1. her home country was destroyed in a war and she can\'t go back there. she doesn\'t know what to do! i have three questions for you guys:
(1) is there any immigration rule that allows people to apply under refugee status? OR maybe some law that favors people who have spent 10 years here already?
(2) where does this leave her H-1 status? is she in status even though she\'s not getting paid? if she gets another job within the next 100 days, will doing a H-1 transfer require paystubs? is she better off waiting until the end of 100 days and re-join the company X as a contractor ... and THEN, maybe look for other jobs?
(3) can you recommend some good immigration attorneys who might help out?
H-1 gurus out there, please do help with your insights.
she\'s in a fix now. she works in an area that doesn\'t have too many available jobs. and she has spent about 10 years in the US till now, changing visas from F-1 to H-1. her home country was destroyed in a war and she can\'t go back there. she doesn\'t know what to do! i have three questions for you guys:
(1) is there any immigration rule that allows people to apply under refugee status? OR maybe some law that favors people who have spent 10 years here already?
(2) where does this leave her H-1 status? is she in status even though she\'s not getting paid? if she gets another job within the next 100 days, will doing a H-1 transfer require paystubs? is she better off waiting until the end of 100 days and re-join the company X as a contractor ... and THEN, maybe look for other jobs?
(3) can you recommend some good immigration attorneys who might help out?
H-1 gurus out there, please do help with your insights.