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H1B termination timeline - URGENT PLZ HELP !!!!
- Thread starter ishw
- Start date
Sorry, I am not a guru on this subject, but as no one else has replied yet, this is my openion.
Lets take the case that you are really leaving the US. Then you should ask your employer to provide a return ticket for you (that he is supposed to provide by law). You can leave after a reasonable time, reasonable means the time you need to wind up everything like selling the car, breaking the apt. lease etc. 7-10 days is acceptable. Please remember, this is not mentioned anywhere in law but is accepted as de-facto standard. When you next try to enter the US next time, the immigration officer on duty may still challange that. So the theoratical safest thing is to leave next day of termination of H-1 but that is not practically possible, so take 7-10 days as you de-fecto grace.
Now lets take the case as you are not actully leaving the US and you are trying to find another sponsorer for H1. In this case, the law says that your new H1 petition should be filed before termination of existing H1, but I have seen people getting H1 transfered to new sponsorer even after 2 months of gap in employment.
Whatever you decide, Best of Luck!
EricS
Lets take the case that you are really leaving the US. Then you should ask your employer to provide a return ticket for you (that he is supposed to provide by law). You can leave after a reasonable time, reasonable means the time you need to wind up everything like selling the car, breaking the apt. lease etc. 7-10 days is acceptable. Please remember, this is not mentioned anywhere in law but is accepted as de-facto standard. When you next try to enter the US next time, the immigration officer on duty may still challange that. So the theoratical safest thing is to leave next day of termination of H-1 but that is not practically possible, so take 7-10 days as you de-fecto grace.
Now lets take the case as you are not actully leaving the US and you are trying to find another sponsorer for H1. In this case, the law says that your new H1 petition should be filed before termination of existing H1, but I have seen people getting H1 transfered to new sponsorer even after 2 months of gap in employment.
Whatever you decide, Best of Luck!
EricS
Technically you lose the status as soon as your company lets you go. If you are planning to leave the country then you have less worries than if you are willing to apply for a new h-1b. But even in the second case INS allows a reasonable time(Reasonable time is such a vague word so no one can tell exactlt how much it is but you can say 2-4 weeks. But ask your company attroney... One of my friends he was laid off , the company asked teh attorney to give what options he had...
Thanks for your reply EricS and IndoKiddo
My company had applied for my GC and my 6 years expired on Dec 16 2003. They applied for H1B recap on Dec 8th 2003 for 148 days. Till may nothing cameup. So based on my Pending labor 1 year completed on Apirl 2004. So they applied on May 12th for an further extension of 1 year in premium process and it got approved. But the recapture did not comeup at all. One fine day there came a query that it is not a meaning full intterrup and so they cannot approve and they need further evidence.
Factor 1.
My attorney did not tell me that Vacation beyond 30 days cannot be captured.
2. I do not have any kind of evidence to produce that mine was a meaning full inttrup.
so I decided to leave my job go back to India and get to H4.
I told my company that since I do not have an approval for Dec 16th 2003 to May 2004 so i do not like to continue the job and i resigned. My last day there would be Aug 13 2004. They are telling me that they will terminate my visa on Aug 13th itself. They are forcing me to continue working with them they say I am fine and they will apply for adjustment of status 245(K) for my unlawfull say which is less than 180 days. To avoid all this I asked them to drop my application of recapture.
I will be changing my status to H4 once I go to India. Do you forsee any problems for stamping my H4, also I am going to persuade my GC application thru' my husband who has a valid visa. Do you forsee any problems.
Thanks very much for your time
Any reply is greatly appreciated
My company had applied for my GC and my 6 years expired on Dec 16 2003. They applied for H1B recap on Dec 8th 2003 for 148 days. Till may nothing cameup. So based on my Pending labor 1 year completed on Apirl 2004. So they applied on May 12th for an further extension of 1 year in premium process and it got approved. But the recapture did not comeup at all. One fine day there came a query that it is not a meaning full intterrup and so they cannot approve and they need further evidence.
Factor 1.
My attorney did not tell me that Vacation beyond 30 days cannot be captured.
2. I do not have any kind of evidence to produce that mine was a meaning full inttrup.
so I decided to leave my job go back to India and get to H4.
I told my company that since I do not have an approval for Dec 16th 2003 to May 2004 so i do not like to continue the job and i resigned. My last day there would be Aug 13 2004. They are telling me that they will terminate my visa on Aug 13th itself. They are forcing me to continue working with them they say I am fine and they will apply for adjustment of status 245(K) for my unlawfull say which is less than 180 days. To avoid all this I asked them to drop my application of recapture.
I will be changing my status to H4 once I go to India. Do you forsee any problems for stamping my H4, also I am going to persuade my GC application thru' my husband who has a valid visa. Do you forsee any problems.
Thanks very much for your time
Any reply is greatly appreciated
waitin_toolong
Registered Users (C)
well if you have spent 6 yrs on H1 u cannot get H4 as the time on H status is counted. it does not matter whether it was H1 or H4. u will have to spend a year outside the country, before u get the H4.
As for the approval, u are not out of status if ur application was pending and waiting decision. Now the 7th year extension was filed and approved, that keeps you legal.
I am not an attorney but i would say that ur best bet is to continue working.
Another thing is that spend a few hundred bucks and take the advice of a good attorney
As for the approval, u are not out of status if ur application was pending and waiting decision. Now the 7th year extension was filed and approved, that keeps you legal.
I am not an attorney but i would say that ur best bet is to continue working.
Another thing is that spend a few hundred bucks and take the advice of a good attorney
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