My H-1B extension/ Employer Hassles

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sarasid

New Member
My H1B visa is due to expire on Sept.30th, 2007. I have maintained a valid status since past 3 years on H1B. My Labor Case and I-140 are also approved and I have recently (Aug.8th) filed for I-485.

My employer is now reluctant to file for H1B extension and saying that it is not necessary as the AOS is already filed and EAD + AP would be processed soon. It is highly unlikely that the EAD would be granted before end of next month.

What are my options? Is my stay and work legal after the H1 expiry and before getting the EAD? How can it impact my I-485 case in the long run?
 
sarasid said:
My H1B visa is due to expire on Sept.30th, 2007. I have maintained a valid status since past 3 years on H1B. My Labor Case and I-140 are also approved and I have recently (Aug.8th) filed for I-485.

My employer is now reluctant to file for H1B extension and saying that it is not necessary as the AOS is already filed and EAD + AP would be processed soon. It is highly unlikely that the EAD would be granted before end of next month.

What are my options? Is my stay and work legal after the H1 expiry and before getting the EAD? How can it impact my I-485 case in the long run?
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File H1 even if it is your own expense. If EAD is not approved by Sept 30th you will not be able to work
 
I am ready to pay the expense myself for the H1-B extension and also indicated that to my employer. But they are saying that it is not necessary to extend since AOS is filed. This I do not believe is true.

Actually, there were some violations identified by the DOL against my company recently...for charging additional money from the employees. Therefore, what I think is that they cannot accept money from me neither they want to incur the cost. What should I do in this situation?
 
sarasid said:
I am ready to pay the expense myself for the H1-B extension and also indicated that to my employer. But they are saying that it is not necessary to extend since AOS is filed. This I do not believe is true.

Actually, there were some violations identified by the DOL against my company recently...for charging additional money from the employees. Therefore, what I think is that they cannot accept money from me neither they want to incur the cost. What should I do in this situation?
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I had those issues in the past; the money for H1 should come from your company, not you.
You can offer them to give them a check so they can write similar check for your H1 extension...with my extension I even did pay for premium processing (I think this money can come directly from you).
 
sarasid said:
I am ready to pay the expense myself for the H1-B extension and also indicated that to my employer. But they are saying that it is not necessary to extend since AOS is filed. This I do not believe is true.
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/QUOTE]

why cant you find other immigration lawyer and file your H1? all you need is employer letter i guess (i dont remember what all info you need from employer).

Also you can consult an employment attorney to check for your employer not willing to file or process your case.
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compass said:
I had those issues in the past; the money for H1 should come from your company, not you.
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It's a known issue that most of us going/gone through the pain from employer. Many employers taking advantage of long term process and harassing employees.

Is there any site information available to review the employers nature? that would be helpful.
 
sarasid said:
I am ready to pay the expense myself for the H1-B extension and also indicated that to my employer. But they are saying that it is not necessary to extend since AOS is filed. This I do not believe is true.

Actually, there were some violations identified by the DOL against my company recently...for charging additional money from the employees. Therefore, what I think is that they cannot accept money from me neither they want to incur the cost. What should I do in this situation?
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Find out some other "Deshi" / Friend's company and get H1 extension and transfer through that company. Legally I think it is ok for teh company not take H1 employee on payroll for 2 months. And after 2 months just get H1 extension be in a "Hibernated" mode.. Whoever is willing to help you should also be ready to juggle with accounting as in reality you will not work for that company.

- Disclaimer: I am not a immigration or any kind of lawyer.This is not a legal advice but just my opinion.
 
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