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H1 B Out Of Status...
- Thread starter SriRam25
- Start date
Seung Hyun Lee
New Member
No Title
there is no transfer H1-B, I learned that from my experience.
You have about less than 60 days to change your visa status or get another h1-B with new sponsor. If you need more time, you have to change your visa status to something else like F1,V1....
after 60 days you have to go out USA and get a visa form outside from USA. You have to make your status legal all the time.
There is NO TRANSFFER H1-B. You have to start all over again.
there is no transfer H1-B, I learned that from my experience.
You have about less than 60 days to change your visa status or get another h1-B with new sponsor. If you need more time, you have to change your visa status to something else like F1,V1....
after 60 days you have to go out USA and get a visa form outside from USA. You have to make your status legal all the time.
There is NO TRANSFFER H1-B. You have to start all over again.
sundersunil
New Member
sundersunil
Some of my friends has given the letter to their employer saying
they would be on Leave of absence due to personal reasons(they were forced to give by the employer because their project got over).They are not being paid.It\'s already been 3 months when they gave that Leave of absence letter.
How long can a person stay in US under that leave of absence.Is their any time frame.All are on H1B.
Pl help any of you have any information.
Thanks
Some of my friends has given the letter to their employer saying
they would be on Leave of absence due to personal reasons(they were forced to give by the employer because their project got over).They are not being paid.It\'s already been 3 months when they gave that Leave of absence letter.
How long can a person stay in US under that leave of absence.Is their any time frame.All are on H1B.
Pl help any of you have any information.
Thanks
Hum Hindustani
New Member
Hum
As per my knowledge, Once laid off a person (who is laid off) has only one month to look for new job or someone who can sponsor his/her H1-B. After one month that person becomes OUT OF STATUS. Many companies once they have laid off a person on H1-B are ideally suppose to inform INS about that & cancel the H1-B of that person, which many companies do not do..
Also if you are confident that you would get new employer quick you may want to wait for some more time after your 1 month of period..
Ideally, when new employer files for H1-B you are expected to show latest up-to-the-date pay stubs but I know someone who submitted last pay stubs but was already out of status & his H1-B was approved.. That is just a chance you may want to take & pray for no inquiries..
Good Luck ..
As per my knowledge, Once laid off a person (who is laid off) has only one month to look for new job or someone who can sponsor his/her H1-B. After one month that person becomes OUT OF STATUS. Many companies once they have laid off a person on H1-B are ideally suppose to inform INS about that & cancel the H1-B of that person, which many companies do not do..
Also if you are confident that you would get new employer quick you may want to wait for some more time after your 1 month of period..
Ideally, when new employer files for H1-B you are expected to show latest up-to-the-date pay stubs but I know someone who submitted last pay stubs but was already out of status & his H1-B was approved.. That is just a chance you may want to take & pray for no inquiries..
Good Luck ..
Sridevi Kolluri
New Member
H1B out of status after layoff?
Hi sundersunil,
I am in the same position that u described. I was laid off, but my employer agreed to give me leave of absence for upto 12 months, so i am still an employee of the company. My question is will the status of my visa hold good this way, till i get another H1? Please let me know what responses u got for ur question. Dec 3rd is my last day, and so i am in a bot of hurry and tensed abt the situation.
Hi sundersunil,
I am in the same position that u described. I was laid off, but my employer agreed to give me leave of absence for upto 12 months, so i am still an employee of the company. My question is will the status of my visa hold good this way, till i get another H1? Please let me know what responses u got for ur question. Dec 3rd is my last day, and so i am in a bot of hurry and tensed abt the situation.
H1B_employee
Registered Users (C)
H1B Status
Seasons Greetings to all forum members !!
A very common question about our H1 Status in present situation.
I have H1B VISA is valid till Feb 2004 and .Due to current economic situation I don\'t have new project for last 4 months.I have signed (was forced to )an application for "Leave of Absence" for a period of last 4 months,so my consulting co. doesn\'t need to pay me salary/bench money. My consulting co.is still looking for clients and arranging interviews. I am still on my employers payroll as he as asked me to sign the leave application again till Jan 2002.
Q1 : Am I out of status?
Q2 : What options I have now to stay with valid status in USA ,if I
am out of status?Some lawyers have told me they can help me even
if I am out of status!!! I don\'t mind spending few hundred bucks
if this is really possible legally.
Q3 : I want to go to Bangalore to meet my wife and kids on Christmas.
Will I be stopped at US airport while entering again next year
in my situation ?
Please reply soon on "h1b_worker@usa.com".
Thanking you for your time.
Seasons Greetings to all forum members !!
A very common question about our H1 Status in present situation.
I have H1B VISA is valid till Feb 2004 and .Due to current economic situation I don\'t have new project for last 4 months.I have signed (was forced to )an application for "Leave of Absence" for a period of last 4 months,so my consulting co. doesn\'t need to pay me salary/bench money. My consulting co.is still looking for clients and arranging interviews. I am still on my employers payroll as he as asked me to sign the leave application again till Jan 2002.
Q1 : Am I out of status?
Q2 : What options I have now to stay with valid status in USA ,if I
am out of status?Some lawyers have told me they can help me even
if I am out of status!!! I don\'t mind spending few hundred bucks
if this is really possible legally.
Q3 : I want to go to Bangalore to meet my wife and kids on Christmas.
Will I be stopped at US airport while entering again next year
in my situation ?
Please reply soon on "h1b_worker@usa.com".
Thanking you for your time.
H1B_employee
Registered Users (C)
H1B Status
Mrs. Kolluri,I am also in same position as u described.R u still in
USA?What happened to your status after Dec 3rd ,did u try to find out?
I have signed for last 6 months.Did u contact any lawer?
Thanking for your time.
-h1b_worker
Mrs. Kolluri,I am also in same position as u described.R u still in
USA?What happened to your status after Dec 3rd ,did u try to find out?
I have signed for last 6 months.Did u contact any lawer?
Thanking for your time.
-h1b_worker
H1B_employee
Registered Users (C)
H1B status
Sunder did you get answer to your question.lease let me know ,I am also in same position as your friends.Reply soon at h1b_worker@usa.com.I am without project here for last 4 months.I have also signed(was forced to )application fo rleave of absence due to personal reasons.I also want to travel to Bangalore to see my wife and kids on Christmas.I am wondering if while returning back to USA I am stopped at USA airport!!!
Sunder did you get answer to your question.lease let me know ,I am also in same position as your friends.Reply soon at h1b_worker@usa.com.I am without project here for last 4 months.I have also signed(was forced to )application fo rleave of absence due to personal reasons.I also want to travel to Bangalore to see my wife and kids on Christmas.I am wondering if while returning back to USA I am stopped at USA airport!!!
H1B_employee
Registered Users (C)
INS website about H1B status.
Hi Sunil,
Please see on INS website
http://www.ins.gov/graphics/how do I/h1b.htm
and look for following Q/A.
Q:
Must an H-1B alien be working at all times?
A:
As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.
What I understood from above lines on INS website is that
as long as one H1B worker is on his employers payroll(no matter he is getting salary or on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive) he is still in status.
Now this raise to same questions as U mentioned. HOW LONG ?Yes INS doesnt speak anything about it,Stil a gray area.Did you find any clue..?
h1b_employee
Hi Sunil,
Please see on INS website
http://www.ins.gov/graphics/how do I/h1b.htm
and look for following Q/A.
Q:
Must an H-1B alien be working at all times?
A:
As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.
What I understood from above lines on INS website is that
as long as one H1B worker is on his employers payroll(no matter he is getting salary or on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive) he is still in status.
Now this raise to same questions as U mentioned. HOW LONG ?Yes INS doesnt speak anything about it,Stil a gray area.Did you find any clue..?
h1b_employee