Hi, all, Need advice from anybody who has experiance or is in a similar situation

M

mo verma

New Member
I was laid off a few months back. Since i cannot provide the INS with pay stubs, i was informed by my lawyer I need to reapply for a new H1B.
I do have a company willing to apply for me however my lawyer has informed me, that I have to leave the country to reapply for change of any status.

My questions are:
1) Do I need to leave the country?.....( I know its going to be difficult coming in keeping the current situation in mind)
2) AM i out of status...my passport is not stamped but I have my I95 and it says the visa is valid for another 5years.

what ever input to could put will in be helpful....thankyou

also need names & phone nos of good lawyers.
 
Really need some help

Hi,
I was laid off a few months back. Since i cannot provide the INS with pay stubs, i was informed by my lawyer I need to
   reapply for a new H1B.
   I do have a company willing to apply for me however my lawyer has informed me, that I have to leave the country to reapply for
   change of any status.

   My questions are:
   1) Do I need to leave the country?.....( I know its going to be difficult coming in keeping the current situation in mind)
   2) AM i out of status...my passport is not stamped but I have my I95 and it says the visa is valid for another 5years.

   what ever input to could put will in be helpful....thankyou

   also need names & phone nos of good lawyers.
 
No Title

consult another lawyer, this doesn\'t sound right. You should be able to start your new job as long as the new company files your transfer papers, without waitng for approval. I\'ve never heard of anyone having to leave the country for a new H1-B. I\'m not an attorney, but this doesn\'t sound right to me. I called INS about the same situation, when I was laid off and the told me because of the economy we\'d not be considered out of status, they were relaxing the policies to allow people in out situation to find new jobs. Now might be a different story, but do check with another immigration lawyer or expert before you decide to go home.
 
deikemper

Can you please throw some light on your situation?. Did you call INS to inform them about your situation and they said that they were relaxing the policies to allow people in out situation to find new jobs? pls. advise
 
INS?

Didnt really call INS yet. Do you suggest I should.
Also I havent paid my taxes..applying for a new Visa is a problem...any suggestions guys.

Thanx
 
No Title

HI movarma, Did you get any information regarding new rules that people without jobs can be on status as long as I94 is valid....is that true? Please help me out. Thanx
 
They are not "in status" they are just not accumulating overstay toward the 3/10 year bar

As long as the I-94 is valid AND the visa has not been cancelled, overstay is not being accumulated toward the three year (180 days of overstay) or ten year (365 days of overstay) bar on reentry to the US. The person who is not working IS subject to deportation since they are not maintaining their status.

Jim
 
No Title

Hi, Jim thanx for reply but I din\'t get you fully..... so you mean though I94 is valid if not on payroll is meant for deportaion ? Is that what you mean.
 
A person who is not maintaining status (working on an employment based visa) is subject to deportati

Although the person is not properly maintaining status, the person does not accumulate overstay toward the 3/10 bar until INS has actual knowledge of the expiration of their status. I-94 expiration provides actual knowledge as does the cancellation of the visa by the employer.

Jim
 
hi simstr

no, not yet , but I am trying to find a lawyer who can give me the right advice. All the lawyers i have met so far are not really good. Do let me know if you know a good lawyer.

thanx

moverma
 
You must log in or register to reply here.
Top