Help !!!!

J

Jakaas

Registered Users (C)
Hi Gurus !
Please help as soon as possible.
I am in India currently on vacation ,due to return to US on Dec 10. My H1 is valid upto Sept 2002.
Suddenly, my project has ended and the whole team is gone.
My company was informed on 1st Dec by the client and in turn, my company called me.
This is what they want me to do. They want me to extend my stay in India until mid Jan. They are saying that market is kind of dead. My manager adviced that "Do not enter US without us knowing it.

I talked to him in detail to know what is going on. They say that there is no way that they can find an assignment for me before mid Jan. Since I am on H1, if I come to US, then they are obliged to pay me.

I have my EAD (left in US) but never filed for an advance parol. My company says they will hold off cancelling my H1B until I come back to US. If they did cancel my H1B, I would not even be able to get back in US.

My company says they are suggesting this staying out of US only bacause they do not want to jeapordise my GC process. As per them, I might have difficulty being in US and not getting paychecks, as far as GC goes.

What do you suggest? Should I stay away or come back to US immidiately? Please write in detail.

Many thanks
j
 
No Title

Depending on when you applied for 485 anybody can answer your question. Please post that detail.
 
No Title

Then you are better off if you extend your stay till atleast January 2nd. After that it is upto you. Whether you want to come back and work for the company. Still it is a complex situation as, you have to prove that you have joined duty for your employer. Because you have to prove 6 months of work for that company to change your employer. When you come here you can get another job or get someone to atleast give you a future appointment letter. I am sure you have to be a slave till you complete 6 months. I am sorry to say that but, hey you know, that is how it is. But I am almost positive you can use 180 day rule. May be you can wait for some more posts. Keep this thread on top anyway.
 
My 2 cents

Now act as your company says, give them impression that you are co-operating them fully. Once you are in the USA, get EAD and AP ASAP.
 
For the company, you are still on vacation, even if you are in the US

So it does not matter where you are on vacation. If they are saying that by going to India on vacation you stop your right to get payed, then they are just bullshitting. In my opinion, it would be better for you to be here than in India while they look for projects. And once you get in, get AP and EAD ASAP. Do not trust your company in these matters. They would not hesitate to screw you if they need to. Also, if you really want to tell them that you have to come back, just say that you have some stuff to take care, e.g. girlfried is sick, credit card bill to be payed, rent if overdue, etc. Just bullshit anything. Best of Luck.
 
No Title

obviously you bs company wanted to kick you out of the game, if i were you, i would come back to the US as soon as I can and find another employer, then officially join new employer after July 02. get things under your own control will be wise.
 
No Title

Hi, Be diplomatic on your end.
the company can withdraw your I-140, H-1, I-485, etc., etc. That can jeopradize your whole issue.
Tell them, you want them to apply for an EAD, so that you can look for a job elsewhere and help them also in the effort for looking into new projects. Secondly you can also say that you need to maintain your credit card stuf ( as some one posted earlier). Be truthful to them and tell them your main concern is the status and your EAD, for first 180 days. Meanwhile you can do some bargaining with them, in terms of you will come over there and will be on unpaid leave for xx months until things are sorted out.
Don\'t make things complicated by taking a direction which the company does not know.
Hope it helps. Act wisely.
 
What abt ur FP?

Have u done ur FP? My suggestion is to come back and do not
inform ur employer abt it. Start looking for job asap and
join new employer after completing 180 days.
 
No Title

>>> Because you have to prove 6 months of work for that company to change your employer

That would be valid only under CSC interpretation, but I guess you are under VSC.

My 2 cents:

Probably you should stay in India for 180 days (until Jan 2), so that your sponsor would not cancel your I-140 (as they seem to promise).
Afterwards they either won\'t be able to cancel or it won\'t matter for you (again there are different interpretations of AC21) if you use your EAD to find similar job.
Clarification: your employer can only cancel your H1 or I-140, since they are the sponsoring party and applicants. They cannot cancel your I-485, EAD, etc., since these are your applications not their.
I also assume you have your original I-485 recipt notice. Otherwise don\'t leave it with your company lawyers (if that is a case).

In case you don\'t trust your employer - get back into US immediatly, before they cancel H1. It is not too much time you need to spend before Jan 2.

IMHO
 
Just keep low profile

until u r out of the woods after Jan 02. At this juncture, you better follow the instructions from the employer for another a month (Is it a big deal for u???) and then you are free per AC21. And also be aware that the employer CAN NOT FIRE you while u on vacation technically. You have to come back from vacation , take up the job, Then only the employer can do the firing /lay off . So take another one month vacation, and get some kind of training in new skills.
 
What heppens if you get an employment related RFE?

you are better off by coming to US and start looking for job at some other employer just in case.
 
180 days

Even before AC21 you do not need work for the sponsor at any point of time as long as the sponsor agrees to hire on approval as per LC terms. If a sponsor refuses during the process(withdraws 140 then one has to start over though PD remains same).

Post AC21 -- If INS takes more than 180 days and if you changed employer then you need to get a job letter from the new employer and you can start working for any employer at any point of time. No need to wait for 180 days for changing the job(though CSC interprets that you should work for the sponsorer for 180 days which is against INS guidelines. Since pre AC21 does not impose it). But the catch is if GC is approved with 180 days of RD then you have to work for the sponsor. I am not sure how INS is going to verify that after the approval.

In your case you should need a valid visa to enter USA since you do not have AP. There are two choices. Either enter using current H1 as soon as possible(before H1 becomes invalid) or wait for the approval. If you wait for the approval you can not answer any RFE.
If you use h1 and enter the country and after that h1 becomes invalid even then you are in status since AOS is pending. Only catch is your GC should not be approved within 180 days of RD. And pray for no RFE if you could not find a job.

If I were you I would enter without wasting any time. If you are using your company Attorney then make sure you get all the corrospondance he receives from INS
 
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