legal stay on H1b after layoff

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komal123

Registered Users (C)
Hi,

A friend of mine was on H1B and was laid-off in late march this year. He is still in USA looking for job. He asked him company who laid him off to keep his H1B onhold (i.e not let INS know to revoke his H1B petition). He is not on the payroll of the old company. Can he stay legally like that in USA?

Please let me know...
 
His H1 status ended the day he got laid off. This is regardless of whether INS was informed or not. The employer cannot "hold" H1 after the employment is terminated. He is technically out of status from that day unless he has a pending application of change of status. If the stay exceeds 180 days then he is also subject to 3 year bar. He should seek a new job or change of status immediately. INS/BCIS has become more strict in enforcing status violations.
 
How does INS know ?

Hi,

My question is if this person finds a new job & the new company files for H1B, how would INS or BCIS know that this person is without employment since March. His old company has not notified INS to revoke H1B with the old company but he is not on the payroll of the old company.

Also I have heard that some companies can hire as contractor on H1B, charge fee from you, pay you some salary but take it back via personal check, just to show that you are on status & being paid.

Does it really work ?
Is INS aware of this loophole...

Please advise..
 
Re: How does INS know ?

My question is if this person finds a new job & the new company files for H1B, how would INS or BCIS know that this person is without employment since March. His old company has not notified INS to revoke H1B with the old company but he is not on the payroll of the old company.

Employers have to keep records of their employees for 3 years from the date their employment gets terminated. INS has the authority to see these records. There will be bo tax deductions since there is no job. All these factors show up on government computers. Do not count on INS not being able to chekc these things.

Also I have heard that some companies can hire as contractor on H1B, charge fee from you, pay you some salary but take it back via personal check, just to show that you are on status & being paid.
Does it really work ?
Is INS aware of this loophole...
This is illegal and will land both parties in prison.
 
Hi, I've just been laid off in June I was on a H1-B visa since 2001, and I'm actively looking for a job now.

I've actually found some contract jobs, but they cannot provide me a H1B visa.

Should I apply for a I-765 to get EAD to work legally?

If so do I need to get a lawyer to do it or can I just download the forms and submit to INS?

Also I am helping a friend with some consulting job here.

Can I draw pay if I have an EAD?

Robin
 
What is your basis for applying for an EAD? You can't just apply for an EAD simply because an employer does not sponsor you for an H-1B.

Also, working for your friend's consulting firm is illegal without any work permit, regardless of whether you are getting paid or not.
 
I'm not drawing pay currently, and I'm still taking classes, which will end at the end of the year.

What kind of basis do I need in order to apply for EAD?

Thanks for your reply, I am currently trying to find a way to stay here long enough to find another job, and I am just looking into the different possibilities.

Any suggestions?

Robin
 
Originally posted by gabby2001
What is your basis for applying for an EAD? You can't just apply for an EAD simply because an employer does not sponsor you for an H-1B.

Also, working for your friend's consulting firm is illegal without any work permit, regardless of whether you are getting paid or not.
Click to expand...

How do I get a work permit?
 
You mentioned that you are taking classes. Are you currently on an F-1? Are you a full time or part time student? Are you currently in a serious relationship with a US citizen? What is your current status?

You need to have a company sponsor you for a work permit. You were on an H-1b before, so you should know what that entails.

Unless you have a work permit from your friend's firm, you CANNOT work for him even if you are not being paid. The only way that you can legally work for him without a work permit is if everyone in that organization does not receive any pay, but I highly doubt that is the case since it is a consulting firm.

My suggestion to you is to be on a valid visa at all time, and not fall out of status. Even if you are able to find a new employer who is willing to sponsor you, you may run into problems when applying for a new work permit if you are currently out of status.
 
I'm taking classes part time now, and As I had a H1-B, I did not apply for F-1.

I'm living with a US citizen, but she is unwilling to have any serious commitment yet..

My friend's firm is willing to apply a work permit for me. How do I go about doing that? The company is 5 years old, and is only expanding recently, so I think it is not eligible to apply a H1B visa for me yet.

Currently I'm helping him out with some projects part time, and I hope to draw pay if I could get a work permit or something similar.

Please advice me on how to get a valid status to work here. While I'm still looking for a job which sponsors H1B.


Originally posted by gabby2001
You mentioned that you are taking classes. Are you currently on an F-1? Are you a full time or part time student? Are you currently in a serious relationship with a US citizen? What is your current status?

You need to have a company sponsor you for a work permit. You were on an H-1b before, so you should know what that entails.

Unless you have a work permit from your friend's firm, you CANNOT work for him even if you are not being paid. The only way that you can legally work for him without a work permit is if everyone in that organization does not receive any pay, but I highly doubt that is the case since it is a consulting firm.

My suggestion to you is to be on a valid visa at all time, and not fall out of status. Even if you are able to find a new employer who is willing to sponsor you, you may run into problems when applying for a new work permit if you are currently out of status.
Click to expand...
 
From the information you provided, it would appear that you are currently out of status. The best option from an immigration standpoint to marry your girlfriend, but I understand that is not an option right now. Also, I would stop working for your friend immediately as that is clearly illegal.

Why can't your friend sponsor you for a work permit if they genuinely need your expertise, and have projects in the pipeline? Here is a flow chart of the H1-B process:

http://www.visalaw.com/02dec1/H1B.pdf

In this economy, the tricky part is the LCA (Labor Condition Application) as your application might run into an issue if qualified US citizens or residents apply for the job.

The only way you can get a valid work visa here is through sponsorship. Other than an H-1, you can certainly apply for a visitor or student visa. Be very careful about being illegal as you may be subject to the 3/10 year ban.
 
Gabby is confusing an LCA (Labor Condition Application, which is necessary for an H-1) and an LC (Labor Certification, which is the first stage in the green card process). You can get an LCA online in less than a half hour. An LC can take months, or even years.
 
H1b transfer after layoff

Hi,

A friend of mine lost her job a few months ago. She was on H1b visa. So far her previous company did not revoke her H1B visa so she was thinking that she is in status. Now her previous employer is going to revoke her old H1b visa. She is thinking of getting a new H1b visa from some consultant who can file a new h1b transfer application. Will not offer any job, give her paystubs, some money but will take in form of personal check. Also she will not be offered any job but will be shown as on training.

Is it safe and legal?

Does it really work. A lot of immigrants that lost their jobs on H1b might be trying this route. What happens if such companies and such people are caught ?
 
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