H1b cancelled, transfer to other employer.

M

mozung

Registered Users (C)
Hi
I am in a trouble and stressed out.
My project with company A ended in February,08 so I went to Canada to get the H1B Stamp with everything and employment letter.

I came back in the middle of March,08 on their visa. My employer did not have any project for me so i was on bench.

On 28 April,2008. I got job offer and H1b transfer offer from another company.
Then After 2 hours, I received an email notification for the termination of H1b and voucher for return ticket from company A. It was so weird for me because my employer never told me and

a) Notification says my employment was terminated on 15th of February (Friday),2008 BUT I Was on project next week and worked for whole next week and then it was officially ended. that means it was actually ended 24th of February,2008. I have pay stubs for that next week of "termination" too. Notification clearly says it was written on 28th of April,2008.

Can My employer terminate my job and send me notification later?
In agreement, It says both parties must notify each other.


Can I sue my employer for bench time and treating me like that?

Will that effect on my H1b Transfer? Because they say they will notify the USCIS.


Please help me.

thanks
 
They terminate on 15th Feb,2008 and notify me on 28th of April with ticket. I love that.
I have an appointment with Lawyer.
If I win the case. Will I be in status and everything? How do I inform the USCIS about the Case?
 
No, suing them will not help you with your status at all. You are out of status, and solely responsible to fix that. You should be able to recover salaries for the "bench time", and maybe legal fees, but you need a new employer and have to re-enter to be in status again.
 
nscagony

Question:

If a person is terminated on an H1, how long do they have in order to find new employment? Or do they have to get a new H1?
 
there is no strict time allowed for overstay, but in practice people have time up to three or four weeks to organise their return/find new job.
For the H1b tranfer purposes, until a visa is cancelled, you are ok. If visa is cancelled during the transfer process, they will reject your transfer. so your time is short.
 
You are out of status immediately, but they do forgive a few days. More than a month starts to get complicated because you can't show paystubs and prove you are still in status. In your case since you were not getting paid you have to leave and re-enter the US after you found a job to get back in H1 status.
 
my H1b transfer is under way with other company. So if the transfer is complete and successful, still I need to RE-enter?

2nd,

I already have visa that is gonna be expired in 2010. Will that visa work? or I need a new visa stamp?

thanks
 
no need to exit if your new h1 is approved. regarding out of status question: there are lots of ways to get around this for a limited period. first and for all, no one will deport you if you stay over a month. There are implications when the out of status clock is 90 days and above. but again you can get around these.
one more thing, you can start working for company B as soon as you get your new h1b receipt notice.
my personal advise is dont listen to panic people. talk to a lawyer of company B. Looks like your company A came to know about the h1b transfer hence the whole fiasco.I suggest drop the legal challenge for now and challenge them after h1b is approved and if you win it, you can use that to justify your gap period should you need to.
 
Last edited by a moderator:
I will do exactly like that. First I should care about getting to company B and start working. once H1b is cleared, i will do something against the company A.
thanks
 
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