J1 to J1? got a problem, pls read this!

[nir_prince]

Dear friends
i got one problem.

My employer has fired me. actually i made 3-4 personal calls from office, as a reason they fired me? I am here on J1 visa. Its been to 3 months here in US. i still have 14 months visa. my internship company says you may have to go to home country.

is it possible that i can stay here in US?
My J1 waiver process is still going on? what should i do?
Can i find any other emplyer and can start my job again?

Pls reply me sir, what do you suggest me? I am really looking for your help. How should i go in this time?

thanks
Nirav

 

[NewReadyToHelp]

Here's is the clear legal route and the shady one

By the way, and if you are saying the truth about being fired for making a personal call, you managed to stumble on the American dream, .i.e. sue for millions of dollars...but read on.


Legally you're supposed to leave within 30 days of loosing your status (The D/S on I-94 means duration of status irrespective of what the VISA stamp says). So to do the honest thing, you should leave in whatever number of days is left from 30 counting from the day you were fired. Your company is supposed/required by law to report this to the US-DHS (Home land security Depart-thee are new measure since 9/11).

You can however (provided the request be done within the 30 days) , attempt a change of status, switch sponsor, etc... This is rather tricky, but possible.

The shady route would be to pretend nothing happened, stay for as long as your visa stamp indicates and in the mean time switch sponsor, change status, etc...


I would consult a lawyer just in case..it will cost you ~$1000 dollars and peace of mind.


Finally , you managed to stumble on the American dream in my opinion..read on....


Although, I think you exaggerated for stating that you were fired for making personal 3-4 calls I think it is more than that...

But you can sue your company for millions of dollars (share with us afterwards) claiming:

- Wrongful termination and may be discrimination, abuse
- Abuse and taking advantage of a vulnerable non USC
- Extreme duress and Emotional distress
- etc...

Check a lawyer , many would be thrilled to take on your case.

Dear friends
i got one problem.

My employer has fired me. actually i made 3-4 personal calls from office, as a reason they fired me? I am here on J1 visa. Its been to 3 months here in US. i still have 14 months visa. my internship company says you may have to go to home country.

is it possible that i can stay here in US?
My J1 waiver process is still going on? what should i do?
Can i find any other emplyer and can start my job again?

Pls reply me sir, what do you suggest me? I am really looking for your help. How should i go in this time?

thanks
Nirav

 

[nir_prince]

re:

hey, thanks for your mail.

Thing is J 1 waiver process going on right now. and idont want to disturn this thing right now. You think i would rather continue my process.

U think i can still stay here for my visa expirs? can i have ur conact number or personal email?? if in case i switch my employer, is there i have to re start my J1 process again???

really looking for your reply!


Nirav

 

[NewReadyToHelp]

I cannot give you my personal coordinates for the obvious reasons.
You can, however, contact me/us through this forum, or use private (I'll respond whenever time permist)..it is even better you'll get multiple answers/otpions that way.

Pending waiver will not provide you, unfortunately, with legal status.

For your other questions:

- If you manage to switch employer you'll have to request a change of sponsor and get a new DS (they do it for you-somewhat easy). So in a way yes you'll have to restart the J1 process (but simpler this time since you are here in the US and it is matter of swicthing sponsor-kind of changing universities for a student)

- I'm not sure about your employer and their legal advisors..they are technically required (Student and Exchange Visitor Program regulations) to turn you in (to USDHS) which may complicate your situation!

You can still beat all of that if you manage to swicth before the official expiration of your status (!?).

Consult a lawyer-it is worth it. In my previous response I meant $100 and not a $1000 for a consultation.

hey, thanks for your mail.

Thing is J 1 waiver process going on right now. and idont want to disturn this thing right now. You think i would rather continue my process.

U think i can still stay here for my visa expirs? can i have ur conact number or personal email?? if in case i switch my employer, is there i have to re start my J1 process again???

really looking for your reply!


Nirav