No. Yrs left on H1

K

Kat999

Registered Users (C)
Hi Guys,

My employer is asking me about months/years left on my H1, I dont want to tell him about this, Is there any way my employer can find out the actual years left on my H1.

I appreciate your answers.

Regards
Kat
 
offcourse he can find out !

Also Employer has right to know how long your Visa is valid or What kind of extension is required if they want to keep you !
 
Originally posted by Kat999
Hi Guys,

My employer is asking me about months/years left on my H1, I dont want to tell him about this, Is there any way my employer can find out the actual years left on my H1.

I appreciate your answers.

Regards
Kat
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He will get it by any mean.
One of the stupidest award will be given, if not known to employer.
 
I agree & thanks for your replies

Guys,

Iam with you, How can employer find this out, He need to check my passport(s) and check the stampings or can he find out from INS. Iam not recomending the employer for any awards.

Jharkandi: Can you thro some light on this.

Your help is appreciated.

Regards
Kat
 
IF this employer is the employer who filed the H-1B petition, then it's really not very difficult to find out, as it's right there in the petition. If this is not the employer who filed the H-1B, he may simply terminate you or not offer you employment if you don't tell him, as this is something that determines your eligibility to continue working and you have to work with H-1B authorization only. Besides, why would you jeopardize your own chances of immigrating to the US by withholding this information from your employer, who could potentially help you in this regard with respect to getting a green card. Think of your reasons for withholding this information.
 
Kat999,

It is not possible.

In form I-129, one has to write SSN of the employee and last entry's I-94 number(that helps in case person entred USA for the first time and had no SSN.), so INS can find out about your left time.

But for an employer - it is not mandated by law to know how much time is left on your H1b visa! In fact if you wish you can pull him/her to court if unnessecarily asked for it. It is not nessecary for him/her to know such details and no way to know unless you tell him/her. (Ofcourse unless he/she is only one who applied for H1b for you).

One cannot deny filing H1b visa on such a basis and if forces on (false) pretext to divuldge such information can be taken to court for misuse of LCA form. A statement in this regard is present on the first page itself and can be proved so using 18 USC 1546 and 1621.
 
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If this employer is not the first H-1B sponsor, they can still find out because the details of your previous stays in the H-1B status have to be disclosed on the application itself. So if the employer had a H-1B done for you, they would have had to ask you for your previous stays in H-1B for the completion of the form and in order to know for sure how much time they can ask for in the H-1B petition request. Some employers have a policy not to hire people with little time left in H-1B status if they know that permanent residence will not be an option, given the length of time left in nonimmigrant status and they simply do not want to allocate resources in training, etc. if they know the employee will not be ABLE to be with the employer for a long enough time (even if there are no issues with the quality of work done)
 
Agreeable arugment ImmigAttyLana. But tell me how will an employer know about vacation time on H1b?

Policy of hiring is a different question altogether.

Please specify where on form do you have to mention such details for H1b visa - I may have missed something.

Also the time left on H1 visa is decided by H1 and H4 both. Even if someone provides all the H1B petitions filed for himself/herself - it is impossible for any employer/attorney to find out, unless the person discloses.
 
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vacation time would NOT be known to the employer. as for where it has to be stated, it's on the H supplement, second blank from the top. It asks to "list the alien's and any dependent family members' prior periods of stay in H classification in the US for the last six years. Be sure to list only those periods in which the alien and/or family members were actually in the US in an H classification. If more space is needed, attach an additional sheet)

whenever I am representing a client in connection with a H petition, I always request all the prior I-797 approval notices, so that I can piece together the prior periods of stay and ask for the most allowable period of time in H-1B status. I am sure that any other responsible attorney would do the same. This is regardless of whether this is the 3rd H or the xth H in the 6-year period.
 
ImmigAttyLana,

Agree to what you are saying. But who fills that form - the employee? Is there any BINDING that the employee is providing with vacation info? I understand if you are claiming vacation time then what you said is right. Correct me if I am wrong.

As for asking for all previous I-797 approval - it is indeed responsible on attorney's part. Even if you have I-797 - still I can't figure out how can you find H1 time left, if person has spent time on H1 and H4!
 
Complicate it with I-539 for H4 extension and not revalidated. Person got H1b sponsor and got it stamped in home country - impossible to know!
 
I agree, that it is impossible to know exactly how much time one has spent in h-1B or h-4 status, especially with the vacations and the stampings abroad. However, my initial question still stands, and that is "why would a H-1B worker want to hide this information from the employer, when the employer may be seeking to help the employee in their immigration situation? and in order to help (file labor cert, file 7th year H-1B extension, if applicable, file to recapture time in H-1B status etc) they need to know exactly how much time is available in H-1B status before final expiration)
 
I dont agree that H1 information should be withheld from employers - I believe they should have a right to know how long can we be legally in country. But the same reason may become the reason for discrimination, some employers may choose not to offer the job because of lack of time on H1.


001
Originally posted by ImmigAttyLana
I agree, that it is impossible to know exactly how much time one has spent in h-1B or h-4 status, especially with the vacations and the stampings abroad. However, my initial question still stands, and that is "why would a H-1B worker want to hide this information from the employer, when the employer may be seeking to help the employee in their immigration situation? and in order to help (file labor cert, file 7th year H-1B extension, if applicable, file to recapture time in H-1B status etc) they need to know exactly how much time is available in H-1B status before final expiration)
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Originally posted by ImmigAttyLana
I agree, that it is impossible to know exactly how much time one has spent in h-1B or h-4 status, especially with the vacations and the stampings abroad. However, my initial question still stands, and that is "why would a H-1B worker want to hide this information from the employer, when the employer may be seeking to help the employee in their immigration situation? and in order to help (file labor cert, file 7th year H-1B extension, if applicable, file to recapture time in H-1B status etc) they need to know exactly how much time is available in H-1B status before final expiration)
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Agree. But I was trying to reply Kat999 on:

My employer is asking me about months/years left on my H1, I dont want to tell him about this, Is there any way my employer can find out the actual years left on my H1.

As for your question ImmigAttyLana - one situation: one of my friend's employer did not want to file concurrent 140/485 on pretext that you have time left on H1b visa - you can file later! - See bonded slavery of modern times! That person cannot negotiate on salary for another XX years(time for 140 approval - till VSC wakes up for 140) + 6 months(AC-21) + time wasted by employer in letting employee know case is done (could be easily done as to make it equal to 6 years on H1b).
 
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lca_001

Its not discrimination if employer does not hire person with little H1 time remaining or even it is not descrimination if employer decides not to hire on H1 at all.. H1 is employers choice !!
 
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But we know from the USCIS themselves, that the concurrent filing ability is not made for the benefit of the foreign nationals; rather it allows the USCIS to access the information needed for the security clearance checks faster than they would otherwise get it (at the I-485 stage if not filed concurrently) and in most situations filing concurrently does not speed up the application process but really makes it somewhat more uncertain, as you file and rely upon the i-485, EAD and AP without first knowing whether the I-140 will be approved.
 
Originally posted by ImmigAttyLana
But we know from the USCIS themselves, that the concurrent filing ability is not made for the benefit of the foreign nationals; rather it allows the USCIS to access the information needed for the security clearance checks faster than they would otherwise get it (at the I-485 stage if not filed concurrently) and in most situations filing concurrently does not speed up the application process but really makes it somewhat more uncertain, as you file and rely upon the i-485, EAD and AP without first knowing whether the I-140 will be approved.
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Disagree ImmigAttyLana - concurrent filing was started so that EB visa numbers do not lapse(there is no way to carry it forward.). That could have created a big unexplainable mess for INS. That is why Zeigler memo came into being.

Security checks are fake words - everyone knows it - let us put it aside. As for uncertainity - it is not really that bad. Uncertainity has to be there - concurrent or not - maybe a lesser percievable degree(and a vague feeling of same - even more dangerous) - that is all. If I am sure that company can pull 140 thru - I know I can pull 485 thru! Recent approvals from your company can show which way your 140 is going to go!
 
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I'm not sure I understand what you mean by visa numbers lapsing, and what I am saying is based on conversations with USCIS officials. I am not getting this information from the top of my head.
 
Originally posted by ImmigAttyLana
I'm not sure I understand what you mean by visa numbers lapsing, and what I am saying is based on conversations with USCIS officials. I am not getting this information from the top of my head.
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ImmigAttyLana - every category has a quota associated with it. Employment based also has one. When all the categories became current for AOS - INS had no other option but to allow concurrent filing as EB visa cannot be carried to next year. This way quota is not getting lapsed.

I am not getting this information from the top of my head.

See no one is cooking stories here - you are qualified person and expert on the issue. These lines do not reflect nice about you. You can be an asset here - am I expecting too much?

If you still want to carry this discussion - please create a new thread in appropriate forum about concurrent filing issues - experts will pour in their thoughts/arguments. Here the discussion is going to be very limited for sure.
 
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Thanks Jharkhandi

As Jharkhandi mentioned in his earlier reply about 140/485.My employer dont want to file 140/485 as I have 2yrs left on my visa and I got another offer from a very big compay and their policy is they will file the GC after one year of employement and exception is if I have one year left on visa then they will process immedietly. This would be my third green card in 4yrs, My billing rate is very high and all the desi companies have taken advantage of this as iam on a long term project.So out of experience I told them i have one year left on my Visa so that I will fall under exception case and I will have one year if something goes wrong again..........Hope you will understand why I dont want to tell them.

Regards
Kat
 
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