HELP Please! Laid off - H1 transfer/extension

C

confused_now

New Member
Hi all,

This posting is a bit lengthy, but I would REALLY appreciate your help.

My original H1 is a permanent position at company A starting in Oct 2000.

I got laid off in Sep 2001, and found another job(B) from Oct2001- Nov2002.

Company A never cancelled the H1 and I came back to A in Jan2003 as a temporary (permanent employee. Even the company's law firm assured me that it is perfectly legal to do so.

Starting in May, 2003, they had another layoff and they put me on 'furlough' which apparently their lawyer approved. I'm not sure an H1 can be on furlough. They convinced me that even if INS inquired, they could justify that as saying that I am still an employee with them.
The bottomline is that they pay me on an hourly basis now (~3hrs/wk).


Q1: Is furlough legal for H1-B?

Q2: My H1 expires Aug31, 2003. I'm trying to get an H1 transfer/extension to a contracting firm so I can continue work with company A. However, I have full paystubs only till Apr 30, 2003. If I cannot provide them more recent paystubs, will my petition get denied? Is there anyway around it? I can get a letter of employment from the company.

Q3: Does it make more sense to file for an extension through company A, if I can? They need me to travel to Asia so it would have to be premium processing anyways.

I'm almost freaking out now. I do of course have a couple of lawyers appts next week, but if theres anyone you recommend, that would be great.
Thanks a bunch.
 
A1. Yes, if furlough (temporary layoff/ leave without pay) can be given to other employees , H1 can also get it. Since the company is making the official statement, it should not be a problem..

A2. In such cases generally BCIS approves the H1 transfer without I94. You need to go to the nearest POE and get a new I94 or go to a US consulate and get the visa stamped and enter US.

A3. Yes. Paystub is not a mandatory doc while filing extension.

Just a question, when you joined company A, you did a new visa right? If you used the earlier H1 visa then company A should have paid you (apart from company B's pay) from oct2001 - nov2002.

One year furlough might be difficult to justify. I suspect that the company is exploiting you (with the knowledge of lawyer). My opinion.
 
Thanks Jaxen. really appreciate your response.

Thats a bit of a relief, with complications tho'. Your opinon that the company is sort of exploiting is not far from the truth.

1. Yes, there are other employees that have been 'laid-off' similarly.

2. The 1-yr (was the duration for which the lawyer insisted that it was perfectly OK and that a new H-1 need not be filed. No, they will not pay.

3. Another question - My GC was filed (with A) in Aug2001 and stopped a month later as I was laid off. Will this cause problems with the H-1 extension as that will show up in BCIS records.

Again, thanks a lot.
 
Elaborate on GC process- LC, 140 or 485? What about "stopped"? how?

Generally it should not cause any problems for H1 though.
 
The official filing date for my GC (LC) was Aug 28th and I was laid off Sep 28th - so effectively withdrawn.

My concern is that if intent of rehire is used to justify the 1 yr hiatus, BCIS might ask why the GC was withdrawn.

1. Can I file for an extension with comp. A and simultaneously file for an H1 with a new comp. C? Will it negatively affect my petition?

2. Can I travel out of the country if my H1 petition is pending? I thought that was risky at the very least, but a lawyer I met today seems to think thats okay. I'm very skeptical.

really appreciate your help Jaxen. thanks.
 
1. Yes U can
2. you dont have a valid visa right? Then there is a risk. However if you get a receipt from BCIS that can help your entry into US.
 
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