H1B Termination?? - Pls help

[das0]

Hi,

Currently i am working for a for-profit company on F1-OPT until April-07 (when my OPT expires)

This company will file H1B for me on April 1st for start date of Oct 1st and consequently, i will be out of job for 5 months (May-Sept).

Previously the company said that they will put be on Leave of Absense (LOA) for this 5 month gap until my H1b start-date kicks off on Oct 1st but now,

they are telling me that i will be terminated at April but will be hired again on Oct 1st and they will not put me on LOA.

1. Is there any way i can protect my job as they are terminating me now and then promising me to re-hire again on Oct 1st?

2. Should i ask for a job offer later stating a new hire date of Oct 1st?

3. Anything i am missing here? -- concerned that they first told me i will be on LOA but now telling me i will be terminated and again re-hired.

Note: The company is paying for both atorney and H1b fees and for this 5 month gap, i will be on H4, so no need to leave US.

Will appreciate any feedback on my 3 questions/concerns above - than ks.

[masti_Gai]

If they are paying u for the 5 month gap, its not termination you are still on their pay rolls so u will have no problem coz u are gettin pay check for the 5 months. No need for LOA too if you have pay stubs

[nat23]

If I think from company's point of view then what they are doing is that they are cutting down their liabilities. If they put you on LOA they would have to pay for insurance and other benefits. I dont know if its right to read too much between the lines.

I guess you'll have to wait till October to find out. However, if they apply for your H1 in April then I wouldnt worry because no company would just flush $3000 if they dont intend to hire you.

All the best

Cheers
Nat

[das0]

Hi nat23,

Thank you very much for your reply.

Currently i am not enrolled into any company benefits like Health Insurnace etc as i have those benefits from my spose company.

This company said that they are paying thier attorney firm 5200$ for H1b and i am not paying anything.

For this 5 months, i will be H4 and will not get paied by this company.

Question is:

1. Can the company now apply and pay for H1b for Oct 1st start date and then later can they tell me not to hire me anymore?

2. Can mutiple employers file for h1B with same start date of Oct 1st?
If yes, then i would start looking for other jobs as my backup H1b jobs.

Please advise. Much appreciated - thanks

[nat23]

Hi nat23,

Thank you very much for your reply.

Currently i am not enrolled into any company benefits like Health Insurnace etc as i have those benefits from my spose company.

This company said that they are paying thier attorney firm 5200$ for H1b and i am not paying anything.

For this 5 months, i will be H4 and will not get paied by this company.

Question is:

1. Can the company now apply and pay for H1b for Oct 1st start date and then later can they tell me not to hire me anymore?

If the company wants they can do it. Nothing can stop them from doing. However, its common sense they wouldnt unless they have a very compelling reason as they are spending 5 grand on it.

2. Can mutiple employers file for h1B with same start date of Oct 1st?
If yes, then i would start looking for other jobs as my backup H1b jobs.

From what I know the answer is Yes. However, I would recommend you talk to someone else about it as well.

Please advise. Much appreciated - thanks

Hope this helps. I wouldnt be worried too much if they are sponsoring my H1.

[aranya]

Hi,

Currently i am working for a for-profit company on F1-OPT until April-07 (when my OPT expires)

This company will file H1B for me on April 1st for start date of Oct 1st and consequently, i will be out of job for 5 months (May-Sept).

Previously the company said that they will put be on Leave of Absense (LOA) for this 5 month gap until my H1b start-date kicks off on Oct 1st but now,

they are telling me that i will be terminated at April but will be hired again on Oct 1st and they will not put me on LOA.

1. Is there any way i can protect my job as they are terminating me now and then promising me to re-hire again on Oct 1st?

2. Should i ask for a job offer later stating a new hire date of Oct 1st?

3. Anything i am missing here? -- concerned that they first told me i will be on LOA but now telling me i will be terminated and again re-hired.

Note: The company is paying for both atorney and H1b fees and for this 5 month gap, i will be on H4, so no need to leave US.

Will appreciate any feedback on my 3 questions/concerns above - than ks.


I was in a similar position a few years ago. I had to be at home for 1 month.
From that experience I know that your company is approaching the situation in the correct/legal fashion. It is illegal for the company to employ you (even on LOA without pay or benefits) once your OPT expires.

1] Most jobs are at-will meaning there is no real way to "protect your job".

2] If they are filing for your H1 then the company will be submitting a letter to the government saying that they intend to employ you starting October 1, you can ask for a copy of the letter.

3] They must have talked to their immigration attorney who set them straight about LOA etc.

As others mentioned, if the company is willing to spend 5k to get you a H1, they intend to employ you after October 1.

As for "back-up H1", you can definitely look for a job and get a H1 from a different company also but on October 1st you will have to choose where you want to work. Remember if you choose to get "back-up H1s", you are essentially screwing one company and also wasting one valuable H1 visa. You are being un-necessarily cautious if not downright paranoid. However, if you are person who believes in "back-up tickets", "back-up house" in case "back-up car" etc. then go ahead, look for "back-up H1s".

Good luck.