out of project. Status?

[madanreddy]

Last week out of a project..my desi consultancy sent me a termination notice(on H1 with this guy). 485 filed in July 2007. got EAD. I am looking for a project right now. Planning to join on EAD and look for a job.

What are my options? I am in status?

Thanks for your advice.

[meridiani.planum]

Originally Posted by madanreddy

Last week out of a project..my desi consultancy sent me a termination notice(on H1 with this guy). 485 filed in July 2007. got EAD. I am looking for a project right now. Planning to join on EAD and look for a job.

What are my options? I am in status?

Thanks for your advice.

u r in status of pending-AOS. So if you forget about H1 for new job and take it up on EAD, you are all set.
If you try to do H1 transfer and the gap from now to tha ttransfer is a lot, then they might not extend the H1 status and you'll need to leave and re-enter the US.

[jnraajan]

Yes. You are in status. Filing for I-485 provides you legal status. If you are without project for too long, transferring H1b might not be an option. But you can work on EAD. You will not be out of status.

Good luck with your job hunt.

[madanreddy]

Thank you Meridiani.Planum and jnraajan for your quick reply. will look for a job and use EAD.

[chanduv23]

My project got over 2 weeks back and I have an EAD. I am looking for jobs and the market is very tight.

So my suggestion - just don't relax because U can safely move jobs on EAD. Keep trying hard. AFAIK there is no difference in the interviewing process so keep trying hard for jobs

[like_watching_paint_dry]

Originally Posted by jnraajan

Yes. You are in status. Filing for I-485 provides you legal status. If you are without project for too long, transferring H1b might not be an option. But you can work on EAD. You will not be out of status.

Good luck with your job hunt.

Status should not be a problem, but double check with a lawyer. I'm wondering if you can squeeze a sponsorship for a trip home. Not very long ago, I found out that if a US employer terminates a H1, they need to pay the home country relocation costs.

You should find another job, sooner the better. But I sure would like to get such bad desi consultant companies to pay for a plane ticket.

[chanduv23]

Originally Posted by like_watching_paint_dry

Status should not be a problem, but double check with a lawyer. I'm wondering if you can squeeze a sponsorship for a trip home. Not very long ago, I found out that if a US employer terminates a H1, they need to pay the home country relocation costs.

You should find another job, sooner the better. But I sure would like to get such bad desi consultant companies to pay for a plane ticket.

u r kidding - u think these blood suckers will sponser a ticket after u leave them - he heee. AFAIK, even American companies won't bother after u get layed off

[guesswho]

I was offered a ticket to India without me asking them (big american corp). But since I was not going back and found another job within a short time, it was of no use to me. They will usually buy a ticket for you, won't give you money directly.

Originally Posted by chanduv23

u r kidding - u think these blood suckers will sponser a ticket after u leave them - he heee. AFAIK, even American companies won't bother after u get layed off

[Dhundhun]

Originally Posted by guesswho

I was offered a ticket to India without me asking them (big american corp). But since I was not going back and found another job within a short time, it was of no use to me. They will usually buy a ticket for you, won't give you money directly.

If company has brought you from India and terminated the job, as a part of filing H1B obligation, they are supposed to give a ticket to go back - but not cash.

[madanreddy]

I was 5 years with this company. paid all GC and every legal expenses from my pocket, filed GC couple of times, big time screwups.

flight tickets! If they pay my pay checks I will be happy.

Only mistake I did was to follow rules

[like_watching_paint_dry]

Originally Posted by chanduv23

u r kidding - u think these blood suckers will sponser a ticket after u leave them - he heee. AFAIK, even American companies won't bother after u get layed off

It's not an optional or goodwill thing. With a little bit of googling around here's what I found:

Notify the INS and pay for transportation. Most employment-related visas require the employer to notify the INS when an alien has been fired so that INS can revoke the visa. "Employers are obligated to pay for return travel for that employee back to their home country," Topoleski tells HRWire. Employers who do not comply with these responsibilities are risking being subject to continuing wage obligations for the employee. "The employer's payment obligation ends only if there has been a 'bona fide' termination of the employment relationship, which the DoL will deem to have occurred when the employer notifies the INS of the termination, the H-1B petition is canceled, and the return fare obligation is fulfilled," says Topoleski.

Link: http://www.visalaw.com/news/HRWIRE%2...downsizing.htm


You can complain to DOL if due wages were not paid. I would try and hurt these kind of desi consultancy companies where-ever possible just for having poor ethics.

[va_il]

Originally Posted by chanduv23

u r kidding - u think these blood suckers will sponser a ticket after u leave them - he heee. AFAIK, even American companies won't bother after u get layed off

Thats is the law. They have to provide no matter how much blood suckers they are. Of course it depends on how you make them realize that.

I was offered one when i was in that situation way back in 99.

[chanduv23]

Originally Posted by va_il

Thats is the law. They have to provide no matter how much blood suckers they are. Of course it depends on how you make them realize that.

I was offered one when i was in that situation way back in 99.

Its as per law. But in practice, we do not see it happening much. maybe I am not aware. Anyway getting a flight ticket back to home country is not an issue for a great discussion