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About makhanaka

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  1. makhanaka

    H1-B Fee payback clause in Offer letter

    Thanks for your prompt replies. As far as my situation and options, my previous employment is terminated and this employer (A) has filed for H1 transfer under PP..this attorney would not give me the receipt number. I do have other offer form employer B who want to file for H1 and completely know my situation. Now the decision I need to make is either negotiate with employer A to exclude that clause or go with employer B. Going with employer B will add more out of status days to my H1 and I would be risking either complete denial of employer B petition, approval without I-94. also not to forget loosing employer A. If I decide to take my chance with employer B, I am thinking wait for employer A petition outcome, if approved without any issues, then tell employer B to file ASAP. Would approval of employer A petition bring me back into status or only after I report to office with A?
  2. I have an offer letter from one of the top US company which I have already e-signed and the employer now wants the paper document signed. My employment has not started yet and there is a clause in the offer letter which is bothering me about paying back the H1-B fee if terminated with in a year. I have not been provided a break down of the fee and I feel this is a cheap trick from a reputable company, and is making me rethink. "Visa Application: XXX will pay reasonable and customary expenses incurred to apply for an H1B VISA status provided that you cooperate fully with our attorneys during their preparation of the required petition. We estimate the cost of this application to be approximately $6500.00. XXX makes no representations as to whether the Department of Homeland Security will approve the H1B petition, but will use its best efforts in the petition process. The commitment made by XXX to file the H1B petition does not include any appeals that might result from a denial of the petition. This expense comes with the condition that if your employment with XXX terminates within one (1) year of the effective date of your employment, you shall be obligated to repay the entire expense amount, which will be considered a debt that is immediately due and payable, and XXX will also have the right to set off the debt against any compensation or reimbursement that XXX owes to you." My questions are - 1) Is this really a serious issue, meaning would it stand if initiated on termination within 1 year? 2) Do I need to negotiate with employer to remove this clause? If yes, on what basis? 2) Can this clause also be initiated if I don't join the company? Thanks in advance.
  3. 1) New H1B can be filed as COS? 2) How will I/Attorney respond to RFE? 3) I can go to neighboring country (Canada or Mexico) to get the new I94, no new stamping needed? I do have valid I94. 4) My out of status days will be counted starting from 9th Aug till the date of filing accept? How will that affect my GC process in future? Thanks.
  4. makhanaka

    H1B layoff- Very very UEGRNT PLEASE!!!!!

    Hi, I am in similar situation, What did you end up doing? Did you file B2 and got H1b with or without i-94? Thanks.
  5. Hi, My situation is that my H1b employment was terminated as on 8th Aug (last pay date). I have however found another employer to transfer H1b. While it takes 2-3 weeks from now to file for the transfer I learnt from different forums I am OOS. What are my options here in dealing with this situation? Option A Should I go out of country while my transfer is applied? Once I hear back should I re enter? Do I need new stamping to re enter (i-94 is valid till 2015) ? Option B Continue to stay in the country and hope USCIS ignores those few days I am accumulating till the date of receipt of H1 filing? May be even file for B2 during this period? Thanks.
  6. makhanaka

    Fired but had accepted job offer transfer

    Hi, I hope everything went smoothly for you. Can you please post your experience or IM me? Thanks.
  7. makhanaka

    Can parents get VISA now and travel at later stage?

    Thank you all for your reply. while I am aware that this is 10 year multiple entry, since my dad is a government employee, he is getting a NOC and leave sanction letter in advance for a specific period. While NOC is required, I am unsure whether to have him obtain the leave sanction letter or not. His justification is, one of the person he knows, got B2 as well, had taken with the sanction letter. I have been reading few forums and other websites and recommend to have this. What are your thoughts on this? If the VC were to ask "when are you planning on going and do you have permission from employer, show me the proof?" would my dad just show him the NOC and say that once he gets VISA he can obtain holidays for 60 days in the month X and Y?
  8. I am currently on H1b and want to invite my parents here for tourism. Can they apply and get VISA now but visit may be after 6 months from getting it. If yes, how would they answer to the question from VC about travel plan?