H1-B visa - port of enty ASAP!!! URGENT!!!

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vik30000

Registered Users (C)
I have a friend who got layed off from his job in company A. company A has not called the USCIS to cancel his h1b visa which is valid until 2008. he is in india and planning to come back to US to find another job. if he travels on company A's visa, will he have any issues at the port of entry. anybody been in this situation! pls respond so that i can help him!!!


Gurus appreciate the response!

vik
 
vik30000 said:
I have a friend who got layed off from his job in company A. company A has not called the USCIS to cancel his h1b visa which is valid until 2008. he is in india and planning to come back to US to find another job. if he travels on company A's visa, will he have any issues at the port of entry. anybody been in this situation! pls respond so that i can help him!!!


Gurus appreciate the response!

vik
Click to expand...
----------------- your friend has no job with company A and company A filed H1 petition for him. if he has job with A he can enter.
H1 visa stamp is not for entry to find new employer .he may be sent back from POE if discoved that he has no job. employer A may have writen to USCIS to cancell the petition for him.
 
re:

ginnu thanks a lot! for the reply....

he has spoken to his ex-employer and they have not informed the USCIS. they are very co-operative. his situation is dire. so if they have not informed...he can enter since the officer at the POE wont know right? then he can look for another job. this happened only 1.5 mnth ago.

also, if he can convince company A to put him unto their payroll and on unpaid leave till he enters, will that help!...just trying to find a solution....

you know how these situations with layoffs are....

pls let me know...

vik
 
The best way to do it is to find an employer while he is in India. Let them file an H-1 for him. They would file the H-1 as "new employment". They would not complete the section that he is in USA. He would be cap exempt because the question of has he been in h-1b status once in the last six years and not left the country for more then one year would be affirmative.

USCIS will approve the H-1 for him but since he is outside the country he will not get an I-94 card. He would not have to go for visa stamping because under ac21 an H-1 visa is specific to the classification and not too the company. Therefore, he can use his existing visa to enter USA, show his new H-1b approval notice and the POE guys will give him an I-94 card with new company.

Is the above applicable if the person has not travelled to the US and has a valid H1B Visa?

Thanks in advance.
 
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