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  #1 (permalink)  
Old 08-24-2007, 05:14 PM
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indiandentist is on a distinguished road
Default My situation

Hi everybody,

I am a dentist and have come across the following situation.
I was working with this dental company for about 1 year on H1b.On 6th Aug I fell sick with acute shoulder pain and went to a doctor who adviced me complete rest for atleast 1 month.I sent doctor`s letter to my employer stating that I need complete rest due to this pain and would join as I felt better.Now last week I got a letter from my employer stating that my job is terminated as they have closed down the office where I work.I also had a contract with this employer that termination needed 60 days notice from either side which was disregarded.Now I have a feeling that my employer may cancel my H1b visa also.What should I do.I was on sick leave without pay and now I am without job.
Any advice.
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  #2 (permalink)  
Old 08-24-2007, 05:16 PM
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gc_aspirant_prasad has a spectacular aura about gc_aspirant_prasad has a spectacular aura about
Default check with an attorney

Quote:
Originally Posted by indiandentist View Post
Hi everybody,

I am a dentist and have come across the following situation.
I was working with this dental company for about 1 year on H1b.On 6th Aug I fell sick with acute shoulder pain and went to a doctor who adviced me complete rest for atleast 1 month.I sent doctor`s letter to my employer stating that I need complete rest due to this pain and would join as I felt better.Now last week I got a letter from my employer stating that my job is terminated as they have closed down the office where I work.I also had a contract with this employer that termination needed 60 days notice from either side which was disregarded.Now I have a feeling that my employer may cancel my H1b visa also.What should I do.I was on sick leave without pay and now I am without job.
Any advice.
1) Get an new H1b sponsor immediately.
2) Check with an attorney specializing in employement law as well - if your shoulder pain was related to your job you may be entitled to substantial benefits, just my 2 cents.
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Last edited by gc_aspirant_prasad; 08-24-2007 at 05:35 PM.
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  #3 (permalink)  
Old 08-24-2007, 05:21 PM
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indiandentist is on a distinguished road
Default

But I have tremendous worry about my legal status for now.
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  #4 (permalink)  
Old 08-24-2007, 05:23 PM
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natrajs has much to be proud of natrajs has much to be proud of natrajs has much to be proud of natrajs has much to be proud of natrajs has much to be proud of natrajs has much to be proud of natrajs has much to be proud of natrajs has much to be proud of natrajs has much to be proud of
Default Get an Attorney

Consult a Attorney and find a new employer to tranfer your H1

Good Luck
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  #5 (permalink)  
Old 08-24-2007, 05:25 PM
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Springflower is just really nice Springflower is just really nice Springflower is just really nice Springflower is just really nice
Default Look for a new job immediately!

Look for a new job immediately. I know you are suffering from shoulder pain right now, but when you get time send as many resumes as you can(if needed everyday) which allows you get a job in a week. When you get a new job offer, transfer your H1B to the new company. Whatever the pay checks(last 2-3 pay checks) you have, will be good for H1B transfer. In my openion there is no point arguing with your corrent employer. If you delay the H1B transfer, you may get a query asking for recent pay stubs.

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Contibuted $50 and signed up for $50 monthly contribution.
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  #6 (permalink)  
Old 08-24-2007, 05:31 PM
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indiandentist is on a distinguished road
Default

Quote:
Originally Posted by Springflower View Post
Look for a new job immediately. I know you are suffering from shoulder pain right now, but when you get time send as many resumes as you can(if needed everyday) which allows you get a job in a week. When you get a new job offer, transfer your H1B to the new company. Whatever the pay checks(last 2-3 pay checks) you have, will be good for H1B transfer. In my openion there is no point arguing with your corrent employer. If you delay the H1B transfer, you may get a query asking for recent pay stubs.

-------------------------------------------------------
Contibuted $50 and signed up for $50 monthly contribution.
Thanks for your advice,I have an acute shoulder pain and cannot work for some time and all dental jobs require a working interview.I am screwed.
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  #7 (permalink)  
Old 08-24-2007, 05:38 PM
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PD_Dec2002 is a jewel in the rough PD_Dec2002 is a jewel in the rough PD_Dec2002 is a jewel in the rough
Default

Quote:
Originally Posted by indiandentist View Post
Hi everybody,

I am a dentist and have come across the following situation.
I was working with this dental company for about 1 year on H1b.On 6th Aug I fell sick with acute shoulder pain and went to a doctor who adviced me complete rest for atleast 1 month.I sent doctor`s letter to my employer stating that I need complete rest due to this pain and would join as I felt better.Now last week I got a letter from my employer stating that my job is terminated as they have closed down the office where I work.I also had a contract with this employer that termination needed 60 days notice from either side which was disregarded.Now I have a feeling that my employer may cancel my H1b visa also.What should I do.I was on sick leave without pay and now I am without job.
Any advice.
Can you answer the million dollar question asked by everyone: Is your shoulder pain a work-related injury?

Thanks,
Jayant
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  #8 (permalink)  
Old 08-24-2007, 05:41 PM
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Munna Bhai is infamous around these parts Munna Bhai is infamous around these parts Munna Bhai is infamous around these parts Munna Bhai is infamous around these parts Munna Bhai is infamous around these parts Munna Bhai is infamous around these parts Munna Bhai is infamous around these parts Munna Bhai is infamous around these parts Munna Bhai is infamous around these parts Munna Bhai is infamous around these parts Munna Bhai is infamous around these parts
Default you are not screwed..

Quote:
Originally Posted by indiandentist View Post
Hi everybody,

I am a dentist and have come across the following situation.
I was working with this dental company for about 1 year on H1b.On 6th Aug I fell sick with acute shoulder pain and went to a doctor who adviced me complete rest for atleast 1 month.I sent doctor`s letter to my employer stating that I need complete rest due to this pain and would join as I felt better.Now last week I got a letter from my employer stating that my job is terminated as they have closed down the office where I work.I also had a contract with this employer that termination needed 60 days notice from either side which was disregarded.Now I have a feeling that my employer may cancel my H1b visa also.What should I do.I was on sick leave without pay and now I am without job.
Any advice.

Lot of people don't know this...convert H1b to B1 and once you feel alright, then go back to your H1b after finding some other job..your H1b is not subjected to cap..hope this helps.
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  #9 (permalink)  
Old 08-24-2007, 05:46 PM
Junior Member
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Apr-06
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indiandentist is on a distinguished road
Default

Quote:
Originally Posted by PD_Dec2002 View Post
Can you answer the million dollar question asked by everyone: Is your shoulder pain a work-related injury?

Thanks,
Jayant
Hi Jayant,

My shoulder related pain is definately work related as it is due to reptative movement of the right hand.
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  #10 (permalink)  
Old 08-24-2007, 05:47 PM
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h_shaik is a name known to all h_shaik is a name known to all h_shaik is a name known to all h_shaik is a name known to all h_shaik is a name known to all h_shaik is a name known to all
Default One can not be terminated who is on leave

Indiandentist,

You can not be teriminated when you are on sick leave. Check with any lawyer.



Quote:
Originally Posted by indiandentist View Post
Hi everybody,

I am a dentist and have come across the following situation.
I was working with this dental company for about 1 year on H1b.On 6th Aug I fell sick with acute shoulder pain and went to a doctor who adviced me complete rest for atleast 1 month.I sent doctor`s letter to my employer stating that I need complete rest due to this pain and would join as I felt better.Now last week I got a letter from my employer stating that my job is terminated as they have closed down the office where I work.I also had a contract with this employer that termination needed 60 days notice from either side which was disregarded.Now I have a feeling that my employer may cancel my H1b visa also.What should I do.I was on sick leave without pay and now I am without job.
Any advice.
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  #11 (permalink)  
Old 08-24-2007, 05:49 PM
Junior Member
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indiandentist is on a distinguished road
Default

Quote:
Originally Posted by h_shaik View Post
Indiandentist,

You can not be teriminated when you are on sick leave. Check with any lawyer.
Hi
Is there any rule which states that I cannot be terminated on sick leave.Please help.
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  #12 (permalink)  
Old 08-24-2007, 06:05 PM
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indiandentist is on a distinguished road
Default

Quote:
Originally Posted by Munna Bhai View Post
Lot of people don't know this...convert H1b to B1 and once you feel alright, then go back to your H1b after finding some other job..your H1b is not subjected to cap..hope this helps.
Hi Munnabhai,

Thanks for your reply,can I file B1 on my own or do I need an attorney for this.Please help.
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  #13 (permalink)  
Old 08-24-2007, 06:15 PM
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h_shaik is a name known to all h_shaik is a name known to all h_shaik is a name known to all h_shaik is a name known to all h_shaik is a name known to all h_shaik is a name known to all
Default Please check with a Lawyer

I don't know the details of the law. Please check with the lawyer.

Quote:
Originally Posted by indiandentist View Post
Hi
Is there any rule which states that I cannot be terminated on sick leave.Please help.
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  #14 (permalink)  
Old 08-24-2007, 06:49 PM
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PD_Dec2002 is a jewel in the rough PD_Dec2002 is a jewel in the rough PD_Dec2002 is a jewel in the rough
Default

Quote:
Originally Posted by indiandentist View Post
Hi Jayant,

My shoulder related pain is definately work related as it is due to reptative movement of the right hand.
In that case, also consult a lawyer who specializes in Labor Laws and Worker's Compensation.

Thanks,
Jayant
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  #15 (permalink)  
Old 08-24-2007, 06:54 PM
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jayz will become famous soon enough jayz will become famous soon enough
Default

If it is worker's comp, then you should get compensated for cost of injury and missed earnings by the workers comp insurance provider of your employer.

Also, since you have completed 1 year or 1250 hrs of service prior to requesting this leave, you are entitled to protection under the Federal Family Medical Leave Act, in addition to any concessions by the state regulations.

However, if the entire company shuts down, and there is no bonafide occupation that you can return to, might alter the situation. Please consult an employment/labor law attorney.

Quote:
Originally Posted by indiandentist View Post
Hi everybody,

I am a dentist and have come across the following situation.
I was working with this dental company for about 1 year on H1b.On 6th Aug I fell sick with acute shoulder pain and went to a doctor who adviced me complete rest for atleast 1 month.I sent doctor`s letter to my employer stating that I need complete rest due to this pain and would join as I felt better.Now last week I got a letter from my employer stating that my job is terminated as they have closed down the office where I work.I also had a contract with this employer that termination needed 60 days notice from either side which was disregarded.Now I have a feeling that my employer may cancel my H1b visa also.What should I do.I was on sick leave without pay and now I am without job.
Any advice.
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