My friend was laid off while applying for H-1b...

M

Mitsy

Registered Users (C)
A friend of mine got laid off the other day. She is still on F-1, and working with her OPT. The company had applied for H-1b for her, yet has not been approved yet.

What options does she have now? As I understand, as long as her F-1 and OPT is valid, she is still in status, right? What happens to her H-1 application? (I suppose it\'s no longer valid, correct?) Does this mean that as soon as her OPT or F-1 expires, she needs to leave the country? What is the grace period for that?

Thanks!
 
Need Help CP or 485

Hi Friends,
  I desperately need help !!!! Here is the situation.
  I used to work for company "A" on H1 as hourly and applied Labour
and before My labour got cleared , I came to bench with out pay (they didn\'t revoked my H1) and i joined Company \'B\' on TN visa (as I became canadian) .Company "A" doesn\'t know that i joined other company . mean while my labour got cleared and they applied for I 140 for CP in Canada. I-140 will be cleared in 3 weeks .
what should i do ,should i go for CP or 485 ? should i Inform Company A that iam working for Company \'B\' ? will it be problem as iam on TN ?
I appreciate any suggestions or past experiences . Please Help me
Thanks a lot
Neha!!!
 
reference Misty: out of status!

Misty:
your friend, as F1 on practical training, drops out of status the instant the employer lays her off. If they re-hire her prior to the expiration of her extension for practical training, INS might look the other way AS LONG AS SHE DOES NOT WORK BEYOND THE EXPIRATION DATE.

If approved, the results of the H1B application will be difficult to document. She will need paperwork, (I-94, et.al.) from the company that no longer employs her to document the H1B status... However, if the employer/employee relationship was terminated prior to approval, the status will not be valid & INS could easily pull it and begin deportation. Unless she begins working for the company who filed the I-129, she will not be in valid H1B status. Another employer must file I-129 and hire her for similar duties as per normal...
 
Neha Reddy: You are kidding, right?

Neha Reddy:
Let me get this straight: You no longer work for company A, you work for Company B, You wish advice/recommendations from this forum concerning a possibility of providing false testimony to US Embassy to acquire your Green Card from Consular Processing based upon I-140 filed by Company A??? If you wish to provide such false testimony to the Consulate/Embassy, you will need a good immigration attorney.

To avoid serious risk of Immigration Fraud, you should consider your application from Company A to be dead, as you are no longer eligible for GC since the employer/employee relationship no longer exists.

Good question by previous poster: how did you establish Canadian Citizenship while living and working in US?
 
nehareddy: you need to consult an attorney

First off nehareddy the minute company A put you on the bench without pay you were out of status. As soon as you are not getting paid you automatically lose your h1 status. It doesn't matter if the company revokes your h1 or not if they don't they are not following the immigration law. Second due to this first case if you don't even have a job with company A how the heck can you do I140 and CP etc etc thru them? You will be committing a serious fraud here if you do this. Currently your only option is sticking with company b.
 
Answers!!

In this case since GC is for s future job is it not enough that Neha can join her employer A after getting GC?

Am I missing something here!!
 
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