H1-B Employer Problems

[santu]

Hi,

I am Santosh and I got my H1B visa approved in Oct-2008. I graduated in DEC-2007 and was working on my OPT until October and since my OPT gets voided after my H1B got approved, I routed my pay cheque from OPT to H1B employer. After that I lost my job in December. My employer was nice with me until I was working. He started giving me hard time once I am out of the project.

When I asked him to provide with training in latest technology, he send me a termination of employment e-mail and when I called him he said he did that to protect him self in future when I ask him for pay, but said I need not worry about that e-mail.

I am trying my best to find a job but unfortunately I was unable to find one and now he comes back to me and says he need to inform INS about my status. He gave me one week time to find a job. I took some loans to do my masters and I need to clear them before leaving this place. At any cost I can't leave this country with out re-paying my loans.

I don't know whom to consult in this scenario. One of my friend adviced me of this site. Could some one please advice me if I am going to have any problem with my status.

Thanks,
Santosh

[hpandey]

There is only one way out - find a new job . What your employer is doing is how the H1 process is designed to be. If the employer does not have a job for his employee he is supposed to inform the INS by law that he is withdrawing the H1 and terminate your employment. Your employer was kind enough to not withdraw your H1 even after a month .

If you want to continue on H1 you can try transferring your H1 to another employer before he revokes this H1 . You will need current paystubs for that or at least an explanation of the missing paystubs for the last one month.

[senthil1]

If your former employer cancels H1b then you may be considered as overstay as you do not have any status. Best option will be to find an employer to transfer your H1b before CIS cancels old H1b. There is a risk of staying after your H1b is cancelled. You will not be able to extend your H1b if you apply H1b transfer after your old H1b is cancelled. Other option will be consider changing to some other status like F1 if you are eligible

Originally Posted by santu

Hi,

I am Santosh and I got my H1B visa approved in Oct-2008. I graduated in DEC-2007 and was working on my OPT until October and since my OPT gets voided after my H1B got approved, I routed my pay cheque from OPT to H1B employer. After that I lost my job in December. My employer was nice with me until I was working. He started giving me hard time once I am out of the project.

When I asked him to provide with training in latest technology, he send me a termination of employment e-mail and when I called him he said he did that to protect him self in future when I ask him for pay, but said I need not worry about that e-mail.

I am trying my best to find a job but unfortunately I was unable to find one and now he comes back to me and says he need to inform INS about my status. He gave me one week time to find a job. I took some loans to do my masters and I need to clear them before leaving this place. At any cost I can't leave this country with out re-paying my loans.

I don't know whom to consult in this scenario. One of my friend adviced me of this site. Could some one please advice me if I am going to have any problem with my status.

Thanks,
Santosh

[ashkam]

If you've already been out of status for 2 months, I would say your first priority should be to apply for a change of status to either F1 or B1. Approvals for these COS applications usually take 3 months or more, so in the meantime you can look for a new job. The moment you get a new job, apply for a new H1 with premium processing and cancel your pending COS application immediately after it gets approved. You probably won't get an I94 with your new H1 so you would have to go back to your home country and re-enter and you could face problems because of these 2 months. But that's a bridge to be crossed when you come to it.

[sbmallik]

Times are hard my friend ... only way out is to get a job ASAP. Good luck.

[abstractvision]

Here is one guy getting out of status,may have to leave this country, has a huge loan from his studies and not getting real advice from folks in here. At the same time someone is asking to donate $20 to IV...This is not fair asking $20 from him. Please stop this kind of taxing.

[kpchal2]

hi there
i am not surprised that these idiotic consulting companies do that. what surprises me is that the consulting companies trying to protect themselves. Arent they already doing all kinds of illegal activities fluffling up the resumes, making employees pay for H1, running payroll by taking tax money from the consultant.

given ur background i would be really surprised if your employer has placed you with the appropriate fresher resume. I am sure he has done a lot of stupid things. it is his problem to help you in this situation. arent they taking the bulk of your money when u are working hard for those a****** and f******. so i would suggest you talk to the employer into considering ur situation and if not try to move into an F1 situaiton and complain to Labor department that you have decided to not work on illegal terms and that is why ur employer is causing u trouble and make sure that your employer faces some music.

GOD WHEN DO U PUNISH THESE USELESS CONSULTING COMPANIES. MAKING ME LOSE RESPECT DAY IN AND DAY OUT.

[Shivani]

I'm a valid H1 visa holder until 2011 and my husband too has one until 2011. Currently my company has laid me off and I have all paystubs as on date, in this situation, can I go to H4 status? And once I find a project, would I be able to still have the same ie my old H1b visa and come back to H1b status and start working?

All I want to make sure is, not having me to go through the lottery system again as a new H1?

Please let me know the exact process with USCIS?

Thanks,
shiv

[senthil1]

If employer prepared fake resume then employee also would have supported. So both of them made a mistake. But Employee also aware of consquences and took a risk and has to face it. In fact joining a small Indian body shopping especially working hourly carries tremedous risk only to employees. Employers does not have any risk. The candidates are so much hurry to get a job and joining to any company who are processing H1b after that they are just complaining in the forums that too when they are in trouble.

I am not pointing to this particular case as this could be genuine or not.

Originally Posted by kpchal2

hi there
i am not surprised that these idiotic consulting companies do that. what surprises me is that the consulting companies trying to protect themselves. Arent they already doing all kinds of illegal activities fluffling up the resumes, making employees pay for H1, running payroll by taking tax money from the consultant.

given ur background i would be really surprised if your employer has placed you with the appropriate fresher resume. I am sure he has done a lot of stupid things. it is his problem to help you in this situation. arent they taking the bulk of your money when u are working hard for those a****** and f******. so i would suggest you talk to the employer into considering ur situation and if not try to move into an F1 situaiton and complain to Labor department that you have decided to not work on illegal terms and that is why ur employer is causing u trouble and make sure that your employer faces some music.

GOD WHEN DO U PUNISH THESE USELESS CONSULTING COMPANIES. MAKING ME LOSE RESPECT DAY IN AND DAY OUT.

[kpchal2]

i totally agree with senthil. also senthil this is pure speculation and i do not know what ever the exact situation is. i am only concerned about these idiotic consulting companies that are makingme lose respect for the software profession itself. i am surprised that if the govt isnot doing ebnough to stop these idiots. a pure passport check will clearly prove beyond doubt tthat the guy is not presnet in teh US for that long. also a check of the degree certificates will clearly prove that the resume is fake. a clear comparison of the resume submitted for H1 and the resume submitted to clients will prove beyond doubt that
the employer is doing all sorts of tricks.

i understand the audit cost. but if the govt is polling certain companies on a constant basis these idiots will be worried to do such stupid acts and risk their life. just some thoughts. makes me wonder what kind of people are runningthe country when they cannot understand the problem and work in resolving this problem in the first place.

if the person is completely in trouble there is no reason in not making the employer pay for it.

[ashkam]

Originally Posted by Shivani

I'm a valid H1 visa holder until 2011 and my husband too has one until 2011. Currently my company has laid me off and I have all paystubs as on date, in this situation, can I go to H4 status? And once I find a project, would I be able to still have the same ie my old H1b visa and come back to H1b status and start working?

All I want to make sure is, not having me to go through the lottery system again as a new H1?

Please let me know the exact process with USCIS?

Thanks,
shiv

Yes you can do that. If you've already been laid off, make sure you file your change of status application to H4 ASAP. The form specifies the documentation you need to attach. Don't use a lawyer to do this, it's a very straightforward form. Make sure you send them your last 3 pay stubs along with everything else. I didn't do that and got an RFE. Once you get a new job, you can reapply for a new H1B without being in the quota as long as you don't stay out of the country for more than a year.

[coolcoder]

Hi all,

I am new to this country and i got a call from American Business Solutions Inc. to join them. Any suggestions to join them?

[snathan]

Originally Posted by coolcoder

Hi all,

I am new to this country and i got a call from American Business Solutions Inc. to join them. Any suggestions to join them?

No Idea... If you are new to this country, how did you come and what happened to your current job and why are you in such a hurry to find another job?

Whats your background...do you have any real experience or just another fake?

[coolcoder]

I came here last year with a different company H1. I dont have any problem with the current employer but the company i am working is a direct client to American Business Solutions. Due to this they approach me to join them.

I am actually worried that if i dont join them they may cancel the contract....

[snathan]

Originally Posted by coolcoder

I came here last year with a different company H1. I dont have any problem with the current employer but the company i am working is a direct client to American Business Solutions. Due to this they approach me to join them.


I am actually worried that if i don’t join them they may cancel the contract....

I don’t feel you are genuine.

1. If you are working for them for one year why do you ask us about them?
2. You claimed in your previous post that you are new this country and now claiming that you are working here for one year.

Either you are another fake or anti-immigrant. Which one you are.

Anyway you are busted. Better luck next time and use your brain if you have one