Immigration Voice - Forums
Register Get Involved Contact Lawmakers Advocacy Discussion Image Image Image Image

Go Back   Immigration Voice > General Information > Interesting Topics
Click to log in with Facebook
Interesting Topics This forum is to discuss any topic of interest to members and to gossip about anything that members prefer. All the terms of the forum and terms of use of the website do apply to this forum.

Reply
 
LinkBack Thread Tools Display Modes
  #1 (permalink)  
Old 02-28-2009, 01:41 PM
Junior Member
Priority Date
:
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Feb 2009
Posts: 3
mcisou is on a distinguished road
Default Termination of Sponsorship of H1B Visa-Very Urgent..Need help

Dear Friends,

Am really in very panic situvation....urgently in need of your advices......

plz throw ligt on below things...

My employer issued Termination of employment & sponsarshop of my H1B visa, in this situvation ..what are possible options are avilable..

How many days it will be taken for actiivation of termination effective..

During termination process in progress can I transfer my H1B visa...

If cancellation done alredy..then what options are availble with me..still I acn able to transfer my H1B....

Friends plz some one quickly respond..I dont have enough time...

Thanks a lot........
Bookmark and Share Compare Reply With Quote


  #2 (permalink)  
Old 02-28-2009, 01:50 PM
Junior Member
Priority Date
:
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Feb 2009
Posts: 1
kuppireddyr is on a distinguished road
Default takes time!

They take time to send the termination information to USCIS.so you have time to transfer H1.

and try to make sure All options in your case,

weather you can transfer H1 to other company, before termination!
If the Termination information received by USCIS takes long then we have plenty of time to transfer H1.

This was my idea...

Last edited by kuppireddyr; 02-28-2009 at 01:52 PM.
Bookmark and Share Compare Reply With Quote


  #3 (permalink)  
Old 02-28-2009, 01:51 PM
Senior Member
Priority Date
:
Jan-07
Category
:
EB2
I140 Mailed Date
:
05/27/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/30/2007
Compare
Join Date: Jul 2007
Posts: 343
nogc_noproblem has a spectacular aura about nogc_noproblem has a spectacular aura about nogc_noproblem has a spectacular aura about
Default

No other information available at your profile.

I heard it might take around 3 months for the activation of termination, but I don't have any source and not sure how for it is accurate.

[BTW, could you provide your I-485 status (if you filed one)?]

Quote:
Originally Posted by mcisou View Post
Dear Friends,

Am really in very panic situvation....urgently in need of your advices......

plz throw ligt on below things...

My employer issued Termination of employment & sponsarshop of my H1B visa, in this situvation ..what are possible options are avilable..

How many days it will be taken for actiivation of termination effective..

During termination process in progress can I transfer my H1B visa...

If cancellation done alredy..then what options are availble with me..still I acn able to transfer my H1B....

Friends plz some one quickly respond..I dont have enough time...

Thanks a lot........
__________________
Contributed so for: $ 300

I am not an attorney. Use it at your own risk.

Last edited by nogc_noproblem; 02-28-2009 at 01:58 PM.
Bookmark and Share Compare Reply With Quote


  #4 (permalink)  
Old 02-28-2009, 01:58 PM
Senior Member
Priority Date
:
Jan-03
Category
:
EB3
I140 Mailed Date
:
01/01/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
Compare
Join Date: Jan 2006
Posts: 837
eb3retro has a reputation beyond repute eb3retro has a reputation beyond repute eb3retro has a reputation beyond repute eb3retro has a reputation beyond repute eb3retro has a reputation beyond repute eb3retro has a reputation beyond repute eb3retro has a reputation beyond repute eb3retro has a reputation beyond repute eb3retro has a reputation beyond repute eb3retro has a reputation beyond repute eb3retro has a reputation beyond repute
Default profile.

Quote:
Originally Posted by mcisou View Post
Dear Friends,

Am really in very panic situvation....urgently in need of your advices......

plz throw ligt on below things...

My employer issued Termination of employment & sponsarshop of my H1B visa, in this situvation ..what are possible options are avilable..

How many days it will be taken for actiivation of termination effective..

During termination process in progress can I transfer my H1B visa...

If cancellation done alredy..then what options are availble with me..still I acn able to transfer my H1B....

Friends plz some one quickly respond..I dont have enough time...

Thanks a lot........


update your profile first.
__________________
EB3 - India
PD 1/03
I140 approved - march, 2006.
485 status - Rotting in NSC with a single RFE
Lost H1, working on EAD. Invoked AC21 twice.
Attended DC Rally and contributed to IV many times.
Renewed EAD 3 times and AP 4 times
Total cost from the H1 days (new h1, extension, ead, ap, 140, 485 etc - $22000)
Total cost if I had bought a labor certification those days and having a GC by now - $15000
Not knowing if GC is this worth - Priceless.
R2I'd in Feb 2011.
Bookmark and Share Compare Reply With Quote


  #5 (permalink)  
Old 02-28-2009, 03:16 PM
Junior Member
Priority Date
:
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Feb 2009
Posts: 3
mcisou is on a distinguished road
Default

Quote:
Originally Posted by nogc_noproblem View Post
No other information available at your profile.

I heard it might take around 3 months for the activation of termination, but I don't have any source and not sure how for it is accurate.

[BTW, could you provide your I-485 status (if you filed one)?]
Thanks a lot Friends...for ur quick respnces..

For your information,am I have been staying in US for the past 1 year..I have not yet intiated for any GC process.....

plz some could reply with more accurate information...
Bookmark and Share Compare Reply With Quote


  #6 (permalink)  
Old 02-28-2009, 03:23 PM
Donor
Priority Date
:
N/A
Category
:
EB2
I140 Mailed Date
:
09/10/2008
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Mar 2008
Posts: 2,290
snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute
Default

Quote:
Originally Posted by mcisou View Post
Thanks a lot Friends...for ur quick respnces..

For your information,am I have been staying in US for the past 1 year..I have not yet intiated for any GC process.....

plz some could reply with more accurate information...
I am not sure what accurate information you want. Find another job and transfer H1 asap Otherwise pack your bags. We are not sure how much time it takes for the termination to take effect.

Its had nothing to do with GC process.
Bookmark and Share Compare Reply With Quote


  #7 (permalink)  
Old 02-28-2009, 03:36 PM
Senior Member
Priority Date
:
Jan-07
Category
:
EB2
I140 Mailed Date
:
05/27/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/30/2007
Compare
Join Date: Jul 2007
Posts: 343
nogc_noproblem has a spectacular aura about nogc_noproblem has a spectacular aura about nogc_noproblem has a spectacular aura about
Default

Revocation of your H1 takes weeks or months for processing as the USCIS has moe important priorities, but again, no accurate info available. As long as your new company files the transfer of your H1 you can work for the new company. Note, you might need paystubs for H1 transfer.

Quote:
Originally Posted by mcisou View Post
Thanks a lot Friends...for ur quick respnces..

For your information,am I have been staying in US for the past 1 year..I have not yet intiated for any GC process.....

plz some could reply with more accurate information...
__________________
Contributed so for: $ 300

I am not an attorney. Use it at your own risk.
Bookmark and Share Compare Reply With Quote


  #8 (permalink)  
Old 02-28-2009, 03:44 PM
Senior Member
Priority Date
:
Jun-02
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
Pakistan
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Jan 2007
Posts: 361
unitednations has a reputation beyond repute unitednations has a reputation beyond repute unitednations has a reputation beyond repute unitednations has a reputation beyond repute unitednations has a reputation beyond repute unitednations has a reputation beyond repute unitednations has a reputation beyond repute unitednations has a reputation beyond repute unitednations has a reputation beyond repute unitednations has a reputation beyond repute unitednations has a reputation beyond repute
Default

Quote:
Originally Posted by mcisou View Post
Dear Friends,

Am really in very panic situvation....urgently in need of your advices......

plz throw ligt on below things...

My employer issued Termination of employment & sponsarshop of my H1B visa, in this situvation ..what are possible options are avilable..

How many days it will be taken for actiivation of termination effective..

During termination process in progress can I transfer my H1B visa...

If cancellation done alredy..then what options are availble with me..still I acn able to transfer my H1B....

Friends plz some one quickly respond..I dont have enough time...

Thanks a lot........
h-1b is very misunderstood.

Right now; with layoffs and the scrutiny on consulting companies. There is massive h-1b cancellations across the board.

A few companies I know of say they are getting at least 30 requests for h-1b transfers from people who have lost their jobs or their current companies cancelling their h-1bs because they are not in a project.

Most people think that once a company cancesl the h-1b or they go back home that they are subject to the quota and will have to get in the lottery mess.

Strictly from a legal perspective (not a practical perspective).

Once a person has h-1b approved; has received an I-94 card or have h-1b visa stamping; they are not subject to the quota/lottery until they have exhausted six years of h-1b stay in usa. Person could change to another status and they are stilll not subject to the quota. Person could leave the country and they are still not subject to the quota. The only time you are subject to the quota again is if you had h-1b approved; you never received i-94 card, you never went for visa stamping and USCIS has cancelled the h-1b. Other then previous sentence; one is not subject to the quota gain.

The six years stay can be spread over 20 years if you wish; it doesn't get exhaused until you have been in usa in h-1b status for 365 days times six years.

Therefore; if you have to go back home; not all is lost. You can still come back to usa without being subject to the quota.

Right now; it is pretty tough to get an h-1b transfer if you are not on a project. Companies cancelling h-1b's becuase they want to clean up their bench people are not in any appetite to take on more people who are going to be on bench.

If you want to buy time then best thing is to do a change of status to B-1/b-2 visitor visa which will keep you legal here to either wrap up your affairs or to continue looking for a job. If you get a job in the mean time then you can get back onto h-1b pretty easily or you can leave and try from your home country without being subject to the lottery.
Bookmark and Share Compare Reply With Quote


  #9 (permalink)  
Old 02-28-2009, 04:15 PM
Member
Priority Date
:
Jun-07
Category
:
EB2
I140 Mailed Date
:
07/16/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/16/2007
Compare
Join Date: Jul 2007
Posts: 30
golgappa is a jewel in the rough golgappa is a jewel in the rough golgappa is a jewel in the rough golgappa is a jewel in the rough
Default

Quote:
Originally Posted by unitednations View Post
h-1b is very misunderstood.

Right now; with layoffs and the scrutiny on consulting companies. There is massive h-1b cancellations across the board.

A few companies I know of say they are getting at least 30 requests for h-1b transfers from people who have lost their jobs or their current companies cancelling their h-1bs because they are not in a project.

Most people think that once a company cancesl the h-1b or they go back home that they are subject to the quota and will have to get in the lottery mess.

Strictly from a legal perspective (not a practical perspective).

Once a person has h-1b approved; has received an I-94 card or have h-1b visa stamping; they are not subject to the quota/lottery until they have exhausted six years of h-1b stay in usa. Person could change to another status and they are stilll not subject to the quota. Person could leave the country and they are still not subject to the quota. The only time you are subject to the quota again is if you had h-1b approved; you never received i-94 card, you never went for visa stamping and USCIS has cancelled the h-1b. Other then previous sentence; one is not subject to the quota gain.

The six years stay can be spread over 20 years if you wish; it doesn't get exhaused until you have been in usa in h-1b status for 365 days times six years.

Therefore; if you have to go back home; not all is lost. You can still come back to usa without being subject to the quota.

Right now; it is pretty tough to get an h-1b transfer if you are not on a project. Companies cancelling h-1b's becuase they want to clean up their bench people are not in any appetite to take on more people who are going to be on bench.

If you want to buy time then best thing is to do a change of status to B-1/b-2 visitor visa which will keep you legal here to either wrap up your affairs or to continue looking for a job. If you get a job in the mean time then you can get back onto h-1b pretty easily or you can leave and try from your home country without being subject to the lottery.
This was very useful info, lets say someone switches from H1B to EAD, and still has 2 yrs in his 6yrs term left, and unfortunately his 485 gets rejected then how can he come back to H1B what is the documentary procedure.
Bookmark and Share Compare Reply With Quote


  #10 (permalink)  
Old 02-28-2009, 04:20 PM
Member
Priority Date
:
Sep-04
Category
:
EB3
I140 Mailed Date
:
10/20/2004
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
01/07/2007
Compare
Join Date: Nov 2007
Posts: 67
TomTancredo is just really nice TomTancredo is just really nice TomTancredo is just really nice TomTancredo is just really nice
Default To un

You are awesome... I dint know that changing the status to b1/b2 is an option... everytime i read your post , i learn a thing or two... keep up the good work...

Sometimes people criticize because they dont like the interpretation of the matters presented by you.
Bookmark and Share Compare Reply With Quote


  #11 (permalink)  
Old 02-28-2009, 04:31 PM
Senior Member
Priority Date
:
Jun-02
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
Pakistan
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Jan 2007
Posts: 361
unitednations has a reputation beyond repute unitednations has a reputation beyond repute unitednations has a reputation beyond repute unitednations has a reputation beyond repute unitednations has a reputation beyond repute unitednations has a reputation beyond repute unitednations has a reputation beyond repute unitednations has a reputation beyond repute unitednations has a reputation beyond repute unitednations has a reputation beyond repute unitednations has a reputation beyond repute
Default

Quote:
Originally Posted by golgappa View Post
This was very useful info, lets say someone switches from H1B to EAD, and still has 2 yrs in his 6yrs term left, and unfortunately his 485 gets rejected then how can he come back to H1B what is the documentary procedure.
Since; the person is not in non immigrant status anymore then they cannot ask for h-1b with I-94 card (ie., change or extend status). You can only ask for I-94 card if you are currently in non immigrant status.

Procedure would be to file "new employement" h-1b; request consular processing and in the i-129 tick the box where it says person has had classification before (show receipt number) and in the data collection; tick the box that says you have been granted the h-1b status once in last six years and not left country for more then one year.

In the supplement; when it asks for periods that you have been in h-1b status; the last end date should be the date that you started to use EAD card (that way uscis will know when your clock stopped on h-1b.

In the petition letter; clearly show your EAD card and state that as of such and such date you started to use the EAD card and h-1b clock stopped. USCIS will approve it. Only reason I say last part is that USCIS has no mechanism to know when h-1b clock stopped once you start using EAD. If you go out of the country and enter on advance parole then it is clear that the h-1b clock has stopped.
Bookmark and Share Compare Reply With Quote


  #12 (permalink)  
Old 02-28-2009, 04:36 PM
Senior Member
Priority Date
:
Jun-02
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
Pakistan
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Jan 2007
Posts: 361
unitednations has a reputation beyond repute unitednations has a reputation beyond repute unitednations has a reputation beyond repute unitednations has a reputation beyond repute unitednations has a reputation beyond repute unitednations has a reputation beyond repute unitednations has a reputation beyond repute unitednations has a reputation beyond repute unitednations has a reputation beyond repute unitednations has a reputation beyond repute unitednations has a reputation beyond repute
Default

Quote:
Originally Posted by TomTancredo View Post
You are awesome... I dint know that changing the status to b1/b2 is an option... everytime i read your post , i learn a thing or two... keep up the good work...

Sometimes people criticize because they dont like the interpretation of the matters presented by you.
Just trying to pass on knowledge; the situation i presented with b1/b2 is very relevant in today's situation.

Many people are trying to get h-1b transferred but employers are being very hesitant. People are thinking they should go through F-1; however, that is expensive and probably not necessary (I do know some schools that will give you CPT the day they give you an I-20). However, it is an expensive stop/gap measure. Better option is b1/b2.

I can't always be an advocate in one way on the forums. Sometimes people don't like what I write but it has to be a balanced approach. If it is always one way then one can lose credibility.
Bookmark and Share Compare Reply With Quote


  #13 (permalink)  
Old 02-28-2009, 06:33 PM
Senior Member
Priority Date
:
Category
:
EB2
I140 Mailed Date
:
01/01/1900
Chargeability
:
India
Processing Stage
:
I485 Mailed Date
:
07/01/2007
Compare
Join Date: Feb 2006
Posts: 1,330
yabadaba is a glorious beacon of light yabadaba is a glorious beacon of light yabadaba is a glorious beacon of light yabadaba is a glorious beacon of light yabadaba is a glorious beacon of light yabadaba is a glorious beacon of light
Default

Quote:
Originally Posted by unitednations View Post
Just trying to pass on knowledge; the situation i presented with b1/b2 is very relevant in today's situation.

Many people are trying to get h-1b transferred but employers are being very hesitant. People are thinking they should go through F-1; however, that is expensive and probably not necessary (I do know some schools that will give you CPT the day they give you an I-20). However, it is an expensive stop/gap measure. Better option is b1/b2.

I can't always be an advocate in one way on the forums. Sometimes people don't like what I write but it has to be a balanced approach. If it is always one way then one can lose credibility.
hi united nations...would you venture a guess on the progress of eb2-India bulletin? your insights from the past have been really helpful. I still keep reminding my friends of your 3 step acceptance of retrogression.
Bookmark and Share Compare Reply With Quote


  #14 (permalink)  
Old 02-28-2009, 06:48 PM
Senior Member
Priority Date
:
Aug-06
Category
:
EB2
I140 Mailed Date
:
11/24/2006
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
07/25/2007
Compare
Join Date: Dec 2006
Posts: 117
dskhabra has a reputation beyond repute dskhabra has a reputation beyond repute dskhabra has a reputation beyond repute dskhabra has a reputation beyond repute dskhabra has a reputation beyond repute dskhabra has a reputation beyond repute dskhabra has a reputation beyond repute dskhabra has a reputation beyond repute dskhabra has a reputation beyond repute dskhabra has a reputation beyond repute dskhabra has a reputation beyond repute
Default

Quote:
Originally Posted by unitednations View Post
If you go out of the country and enter on advance parole then it is clear that the h-1b clock has stopped.
unitednations,

Does this mean that you can not work on H1 if you enter using AP? There was a discussion on this before and per my understading the conclusion was that you can still work on H1, if you have valid H1, even if you enter on AP. (People do it in order to avoid visa stamping)
Bookmark and Share Compare Reply With Quote


  #15 (permalink)  
Old 02-28-2009, 06:59 PM
Senior Member
Priority Date
:
Jan-07
Category
:
EB2
I140 Mailed Date
:
05/27/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/30/2007
Compare
Join Date: Jul 2007
Posts: 343
nogc_noproblem has a spectacular aura about nogc_noproblem has a spectacular aura about nogc_noproblem has a spectacular aura about
Default See what Murthy says...

http://www.murthy.com/news/n_efftrv.html

This will clear most of the doubts...if not all.

Quote:
Originally Posted by dskhabra View Post
unitednations,

Does this mean that you can not work on H1 if you enter using AP? There was a discussion on this before and per my understading the conclusion was that you can still work on H1, if you have valid H1, even if you enter on AP. (People do it in order to avoid visa stamping)
__________________
Contributed so for: $ 300

I am not an attorney. Use it at your own risk.
Bookmark and Share Compare Reply With Quote


Reply

Bookmarks


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are Off
Pingbacks are Off
Refbacks are On

Similar Threads
Thread Thread Starter Forum Replies Last Post
Visitor Visa Sponsorship Question JK747 Visitor and business visa 18 03-12-2010 05:05 PM
H1B termination suave100 Immigrant Visa 0 01-30-2010 11:50 AM
Green Card Holder - Visitor Visa sponsorship GCNirvana007 All other Green Card Issues 0 09-20-2009 06:06 AM
fee for H1B termination? kkand Out of status, employment gap and status revalidation 2 03-05-2008 11:55 AM
H1b visa Sponsorship lonedesi Non-Immigrant Visas 1 02-27-2007 01:53 PM



All times are GMT -4. The time now is 03:20 AM.


Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2020, Jelsoft Enterprises Ltd.
(c)ImmigrationVoice.org