Thanks Jim M

T

Tim Willis

Registered Users (C)
Hello

I have no clue who you are or why you offer advice to people here. I have been reading your comments for the past couple of months and am quite impressed.

Thanks again for helping me and other people out.

Tim
 
Thanks Jim

I agree too. You give a lot of good opinions on all of the different forums. Thanks a bunch.
 
No Title

I should also join in the list of acknowledgements. Thanks Jim. I also read a couple of comments from some people which were deregotary to him, but he carried himself through it admirably. sometimes, the law and hence the advise could be such that people do not like it, but we should know this a forum where people try to help each other out without any expectation. So long after I was helped out by him, I casually visit the site to help out people in similar cases.
 
Three cheers for Jim

This board is a good source of knowledegable and sensible advice largely due to folks like Jim M.

Jim M - don\'t know what motivates you but great show! Thanks for helping out.
 
Jim, thanks a lot for all the help u r providing to worried workers.

I have another situation ..will you advice ?
I have a question with regards to H1B .
1. Tom was layed off in April, 2001. He was on an H1B (valid till NOV 2002),
2. The employer tells he will not revoke the visa(Tom is not sure if he did or didnot revoke it )
3. Tom, was not working for 4 months and was searching for Jobs.
4. In July 2001, he gets an offer from another company and they file for his H1B .They ask Tom to commence working after they get the LIN. He commences work on Sept 4, 2001.
6. INS approves the petition and sends Notice ( I-797 B , ie without an I-94)
7. The Notice says : "The Petition has been approved, the notification has been sent to the listed consulate (IN TOMS CASE ITS CHENNAI, INDIA).....Petition approval does not authorize work, When the workers are granted status based on this petition they can then work for the petitioner ...."
8. The lawyer of the company sends a letter with the original I-797 and the petition and asks TOM to get the H1B stamped in Chennai..
9. When asked why he should have to go to India ,and why not Canada/Mexico OR the St. Louis office ?...the lawyer replies that since Tom was not working ( so Tom is apparently out of status) for three months, he had to file the petition as a new H1B .
10. Tom , according to the lawyer, has no option but to go to Chennai and get it stamped and that too ASAP ( the company has booked a ticket for DECEMBER 4, 2001 ...The company is very highly supportive
of Tom and are ready to provide any help)..

Questions:
1. Does Tom have any other options ?(Can and Mex are not stamping TCN\'s),is sending to ST.LOUIS an option ?
2. Do you see any problem in him going to Chennai to get it stamped
(specially is there any direct impact of the Sept 11 tragedy ?)
3. The lawyer had filed for a new petition but still asked Tom to start working after the LIN , is that going to be an affecting factor ?
4. What documents should he be carrying (if he definetly has to go to
Chennai) so that he does not fall short on his part of showing enough proof?
5. Should he have experience letters or any paystubs from previous employers ? and present them to the consulate ?
 
Dosth - Potentially problematic

1. Tom was layed off in April, 2001. He was on an H1B (valid till NOV 2002) --> Out of status from this month.

2. The employer tells he will not revoke the visa(Tom is not sure if he did or didnot revoke it ) --> Call SC and enter receipt # to confirm if revoked but this is of no importance here.

4. In July 2001, he gets an offer from another company and they file for his H1B .They ask Tom to commence working after they get the LIN. He commences work on Sept 4, 2001. --> Likely unauthorized employment. Further the attorney knew about it since he/ she applied for a new H1 and not a H1-H1.

6. INS approves the petition and sends Notice ( I-797 B , ie without an I-94) --> Having received an I-797B Tom should have re-entered the country unless the attorney promised a corrected I-797C.

10. Tom , according to the lawyer, has no option but to go to Chennai and get it stamped and that too ASAP ( the company has booked a ticket for DECEMBER 4, 2001 ...The company is very highly supportive
of Tom and are ready to provide any help).. --> It is important to determine if Tom\'s unauthorized stay has exceeded 180 days.

Questions:
1. Does Tom have any other options ?(Can and Mex are not stamping TCN\'s),is sending to ST.LOUIS an option ? --> In the absence of a valid I-94 St.Louis is not an option.

2. Do you see any problem in him going to Chennai to get it stamped
(specially is there any direct impact of the Sept 11 tragedy ?) --> The bigger problem is the probable unauthorized employment and stay. Post 9/11 impact is the least of Tom\'s headaches.

3. The lawyer had filed for a new petition but still asked Tom to start working after the LIN , is that going to be an affecting factor ? --> This is puzzling. If it is not a transfer how could the attorney advise Tom to commence working ?

4. What documents should he be carrying (if he definetly has to go to
Chennai) so that he does not fall short on his part of showing enough proof? --> http://madras.sphynx.com/wwwhniv.html. However Tom\'s case is not simple and he may need a qualified attorney\'s advice. The current attorney\'s expertise looks suspect.

5. Should he have experience letters or any paystubs from previous employers ? and present them to the consulate ? --> Proof of continued legal employment is always helpful.
 
Thanks AND some quick question on your response

1. Tom has NOT crossed the 180 days time of out of status .
Will that make it a better situation help him in getting H1B stamped in chennai.
2. The lawyer has clearly said that portability rule is in \'grey\' and that any person who has once been issued an H1B can and may start working regardless of it being a transfer or a new H1B .

DO you think he is right and in any case this would be a problem for teh company and teh lawyer and NOT of tom AND Chennai should not hold tat against tom . IS that an okay assumption ?
3. The company is willing to pay for the travel and has also written a contract saying tat they are providing these expenses so that tom visits the Consulate and returns,. He is bound to reimburse them if he voluntarily leaves them within next two years.
IS THAT DOCUMENT A GOOD SUPPORTING DOC TO BE PUT IN THE DROP BOX ?

Thanks a lot for the answers and eagerly await for the other answers.

May god bless !!
 
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