Please help ..employment termination

T

thendal

New Member
Dear all,

(30/08/02)Yestruday evening i got a mail from my employer that i have been terminated from the company .They have send a FAX to INS regarding the termination ...


1,How long can i stay in the country legally ...


2,Can i transfer my current H1 to another company.


3,How long i need to wait to work if i already got another job.


4,Do i need a new H1 or can i transfer the current h1 itself?


Any help at this time will be more comforting to me .

Thanks in advance.

Thendal
 
Sorry to hear about the termination.

1) You are out of status the day after your termination. There is no grace period, strictly speaking. Usually the INS does not bother if the period is short like 10 days.

Please go through this article:
http://www.murthy.com/UDnograc.html

2) H1B's are employer specific. You need a new H1 from another prospective employer.

3) If a person is currently in H1 status, then he/she can work for the new employer as soon as the new employer files a new H1 petition. If you are out of status, then once you find a new employer, the new employer files I-129 petition, and the INS will approve the H1B without approving the extension of status. Which means you must exit the country and re-enter on H1 status before you begin work. Usually INS might overlook brief lapses in status like 10 days, but it is not guaranteed always.

4) See answer to (2).

One option is to change status to F2 or H4 if you have a spouse in F1 or H1 status. Or to change to tourist status. Best of luck.
 
Thanks

I don't have spouse so i can't change to f2 or h4 .


My client is happy to have me back through another company ..

In other sense i have the job ...but the my employer has terminated the visa ...

Another company is ready to process my H1... ...say starting from tuesday (03-09-02)

In this case what is the time frame .....how long it will take to get a new h1 .. ...as you mentioned if i need to start work i need to exit the country to begin work ..does it mean i need to go back my country (india) or can i go nearest exit like canada .....


Much apprciate your help.

Regards,
Thendal
 
I think a few days should be fine, especially since the days happen to be sat, sun and labor day holidays. You may be able to start work for the new employer on Tuesday without having to leave the US and get a new visa. Best thing is to check with the new employer's attorney, or consult an attorney yourself.

You can always file for extension of status through the new employer and let INS decide whether you need to leave the US and re-enter with a new visa. If indeed they decide that you need to leave and re-enter with a new visa, you can do it in Canada. However if they decline the visa in Canada, then you'll have to fly direcly to India. My feeling is that this is unnecessary and you are okay.
 
You must log in or register to reply here.
Top