***URGENT**** Pls help

H

H1Buser2002

Registered Users (C)
Hello I got laid off today.... Iam on my 8th yr extn, my state labor has got cleared...

My employer says, I have 30-60 days to leave the country

Can I find another h1b job until march 2005??? My visa is currently valid until March 2005.

Is it possible fo rme to change employers

also my employer says, he wil pay only my ticket to go back.. not for my wife and kids... is this true

Can I ask for my entire family's trip??? Pls let me know

Thanks
 
Nothing to worry about it,
what is the platform that you are working on??
Job market is pretty good these days,

Is the current employer is the one who brought you from India??
If it is, then you can ask for family ticket to go back.

If you have recieved your extension, you should not have any problem in changing the employer.
Its better to stay with the present company till your LCA is approved. In certain situations it is possible that the LCA approved in your name
from the present company can be used in another company if you change your employer.

ettupul.
 
See Inline....
Sorry to hear about that whole affair and please don't take it personaly, I am just trying to give you what law say's.


Originally posted by H1Buser2002
Hello I got laid off today.... Iam on my 8th yr extn, my state labor has got cleared...

My employer says, I have 30-60 days to leave the country
You have only 10 days. Please check following link:
http://boards.immigrationportal.com/showthread.php?s=&threadid=119036

Can I find another h1b job until march 2005??? My visa is currently valid until March 2005.
Do that as soon as possible

Is it possible fo rme to change employers
Do that as soon as possible

also my employer says, he wil pay only my ticket to go back.. not for my wife and kids... is this true
Employer is right. He is only suppose to pay for H1-B visa holder not for their dependent(s)


Can I ask for my entire family's trip??? Pls let me know
You can ask but employer is not bound by immigration law to fullfill your request.

Thanks
Click to expand...
 
Re: Re: ***URGENT**** Pls help

Originally posted by usnycus
See Inline....
Sorry to hear about that whole affair and please don't take it personaly, I am just trying to give you what law say's.
Click to expand...
Add a few things to USNYCUS reply;
First get sponsorship as soon as possible.
Check legal obligations in your employment contract, Discuss with lawyer, investigate GC processes are in progress for others in your company, confirm it is not a tactical play to use your LC for substitution, get the letter they inform to USCIS, etc.
You should behave like a educated, professional. Everything should be dealt in a legal way.
Goodluck. Don't worry, you can make a difference.
 
I didnt understand this quote:

ettupul originally posted :

In certain situations it is possible that the LCA approved in your name from the present company can be used in another company if you change your employer.
Click to expand...

How can you use LCA approved in company A to another company B eventhough LCA was filed for you originally. Pl. some Guru explain this...this will help me too

Thanks
 
Everyone who replied

Iam still confused.,,,, Actually the new law said that the if the employer has sponsored for a green card before the expiry of the current h1 then I will be eligible for the 7th yr extn. I fell in that category.

But now u all say that it is still possbile to work for another employer ???? how can that be possible??? Pls explain gurus. As one of them mentioned I have lc certified for the state not federal.

Thats the whole situation....

I cannot transafer lc's for sure....

Pls Pls help me with some input if anyone has any experience like me

If U would like, pls leave me ur personal contact number I would like to alk to u
 
H1Buser2002

if you have that 7th year extension H1 with you and reciept of labor applied from your previous company you can file your 7th year extension from another company without having any problem

but first you have to talk to your new H1 holder and his attorney,

you cannot transfer your LC but you can get extension from another company,

then from new employer File GC labor ASAP so that next year you can get 8th year extension with this LC
 
Well, if he already got laid off, wouldn't that make the LC filed by the first company automatically invalid, since LC was filed for a specific position and that position no longer exists?
And that would mean that he is applying for an H1 extension based on an invalid LC?

OK, let's imagine the situation that he actually get's that extension and starts working for the 2nd company. But because his original 6-year period is over his second company will have to file for another H1 extension. Assuming his 1st company cancelled his LC, his LC from the 2nd company will be pending for less than a year (at least it takes time to prepare and file all documents). What would be used as a ground for his next year's H1 extension?
 
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Here is my case and hope it helps

I was on my 7th yr H-1B with LC pending for over 365 days. Then the company decided to close down the facility I was working in and I found a new employer and did H-1B transfer and 8th yr extension based on the pending LC from previous employer.

I did not have any status laps between employements. My attorney's concern was wheather or not the LC was already canceled by previouse employer. If it is canceled (most employers would not bother to do so), then you can't get extension.

mxl74 said:
Well, if he already got laid off, wouldn't that make the LC filed by the first company automatically invalid, since LC was filed for a specific position and that position no longer exists?
And that would mean that he is applying for an H1 extension based on an invalid LC?

OK, let's imagine the situation that he actually get's that extension and starts working for the 2nd company. But because his original 6-year period is over his second company will have to file for another H1 extension. Assuming his 1st company cancelled his LC, his LC from the 2nd company will be pending for less than a year (at least it takes time to prepare and file all documents). What would be used as a ground for his next year's H1 extension?
Click to expand...
 
Yea, I guess that would work then. Does it mean that it doesn't matter for H1 extension that you're no longer working for the employer which filed LC for you?

That would be good, of course. But in theory the reason why they allow this extensions beyond 6 years - is to allow an employee to stay in status and work for employer, who filed LC/GC for you, or am I wrong?

I guess the new employer filed a new LC for you immediately? Just wondering, is there any use of that old LC then in terms of Green Card processing or you have to forget about it and start everything from scratch with the new employer?
 
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