URGENT HELP NEEDED---Immigration visited client location ...after my layoff

[sandyelegance]

Hi All,

 

Please help me with the situation, i got layedoff last week (oct9th) from xxx with whom i was working from feb2013, recently in july2013 i went to canada got 221(g) waited one month then it got approved...started working with same client but last week they layedoff ..

 

BUT

Today (oct17) immigration people came for verification at client location.I told them to wait in the lobby and  I will come down or I will send my manager. As I was not there in the location I called my manager but he was in a meeting and immigration people waited for 20 minutes and they left.I drove to client location and my manager spoke with immigration officers on phone and told them that he will provide the information what ever they need. Immigration officer told she will interview me in a couple of days or else she may come to client location. How can I handle this situation?

 

THANKS IN ADVANCE

[amigos9]

In my opinion you have to go and sit in your employers office everyday. Make a call to Immigration people and update information by saying that you laid off  this week and currently you are working in in house project. But make sure your employer support this.

 

on your area make a good project documentation and communicate the same with your employer.

 

Immigration officer asks about the project what area you are working and who is supervising. how do you reporting and how many hours you are working.......

 

some times they will take pictures also about the location. if possible in your employers office make a separate cube and create an environment that you are really working over there.

 

Please make sure if your employer is in different state from where you are working then raise an LCA with employer's location.

 

Then you will be good.

 

Wait for others responses

[sandyelegance]

Thankyou for the response...

 

Am still in VA (where my client is) and employer office is in TX. Immigration check will b in da coming week.

 

Do i have to go to TX? OR can i say am under training and enhancing my skills regarding da same ??

 

 

Thx

S

[JoeF]

In-house project is a known codeword for "on bench."

Most consulting companies don't have in-house projects.

The OP needs to get paid. And trying to hide the fact that he doesn't work there anymore is a really BAD thing.

[catx]

In my opinion you have to go and sit in your employers office everyday. Make a call to Immigration people and update information by saying that you laid off  this week and currently you are working in in house project. But make sure your employer support this.

 

on your area make a good project documentation and communicate the same with your employer.

 

Immigration officer asks about the project what area you are working and who is supervising. how do you reporting and how many hours you are working.......

 

some times they will take pictures also about the location. if possible in your employers office make a separate cube and create an environment that you are really working over there.

 

Please make sure if your employer is in different state from where you are working then raise an LCA with employer's location.

 

Then you will be good.

 

Wait for others responses

 

The tone of this post seems to be suggesting that you try to 'fool' immigration officials that your are actually working at your employer's office ...

 

"Saying that you ... are currently working [on an] in house project" does not fool immigration officials.  They will know If your employer is a consulting company and does not develop commercial software for resale, that you are not working.

 

"Make a separate cube and create an environment that you are really working over there [at your employer's office]" -- again try to fool immigration officials.

 

What is being suggested is immigration fraud, and if you think it is okay to break the law then go ahead, but be prepared for a range of additional problems up to and including removal proceedings / deportation, U.S. entry ban.

[bar123]

My dear Friend,

The only way is say the truth that you got laid off that should be fine but make sure ur employer pays you i means runs ur pay-stub. The rule on H1b if ur employed ur employer should pay u. You have got 30 days to get another job go for it my friend as your experienced it is not that difficult. Now the situation has changed with immigration officers. If they are making checks on you they might do it frequently until your status changes that is I-140. Iam telling u this as this was said to my wife from an immigration officer who visited her office just to check if info what her employer submitted during her H1B was genuine.

[amigos9]

The tone of this post seems to be suggesting that you try to 'fool' immigration officials that your are actually working at your employer's office ...

 

"Saying that you ... are currently working [on an] in house project" does not fool immigration officials.  They will know If your employer is a consulting company and does not develop commercial software for resale, that you are not working.

 

"Make a separate cube and create an environment that you are really working over there [at your employer's office]" -- again try to fool immigration officials.

 

What is being suggested is immigration fraud, and if you think it is okay to break the law then go ahead, but be prepared for a range of additional problems up to and including removal proceedings / deportation, U.S. entry ban.

 

I think catx should give a suggestion in spite of criticizing. One of my friend had the same situation and he did well in the Immigration check.

[Attorney_23]

Providing false or misleading information to a government official related to a onsite investigation would typically render a foreign national removable (i.e. deportable) and permanently inadmissible. You should direct your concerns about this situation to an attorney -- and, not an attorney who represents the employer.

[cap-gap]

Hi All,

 

.I told them to wait in the lobby and  I will come down or I will send my manager. As I was not there in the location I called my manager but he was in a meeting and immigration people waited for 20 minutes and they left.I drove to client location

 

howz dat possible?

 

if you are laid off and not client location, how did ya told dem to wait? and whoz da manager at client location? 

 

from ur firm or client?

[catx]

I think catx should give a suggestion in spite of criticizing. One of my friend had the same situation and he did well in the Immigration check.

 

One person getting away with fooling immigration officials does make it right (it is still fraud, see Attorney_23's post) or mean that the same thing will happen for another person. Each immigration case is considered unique by the USCIS, and what happened with one person in the same situation does not apply to another person. There is no precedence.

[sandyelegance]

OMG... it all sounds scary :(

 

But here is the new story..

 

 

Immigration officer later called me and interviewed during which I said that

I am out of the project and actively searching for new one 

Also looking after the databases of employeroffice

Also enhancing the technical skills

  

End of the Interview, Immigration officer asked me to send my paystubs which I has emailed to her

 

After a week, the Office called me to provide with the university details and any IDproof which shows i was in that state (where i did my Masters).

Now after a week, the Office called me to provide with the docs which shows what exactly am working on for my employer.
 

could you please tell me how long can i be on bench(without end client). but my employer is running pay...Am still on bench

its been one month....please suggest

 

[JoeF]

You can be on bench for as long as your employer pays you. The pay of course has to be for real, "free and clear", with no strings attached.

An employer will not pay you forever without you generating income for the company.

And it is the employer's duty to find a project for you. It is in his best interest, so that you can generate income for the company again.

[catx]

If you are receiving your regular salary (pay check) as is required by law (and not just false pay stubs), then you can be 'on the bench' forever.  There is no specific immigration requirement to be working on a project.  The requirement is that you are getting paid per the LCA and H-1B petition.

 

The 'red' flag in your post is that you are "actively searching for [a] new [project]".  It is not the employees' responsibility to find projects for themselves, it is the employer's responsibility to secure projects for the company and then assign employees to work on those projects.  When an employee is responsible for finding projects to work on it calls into question the consulting company and the employer - employee relationship.

[sandyelegance]

Thankyou ...

 

Yes my employer is running my paycheck.

 

Do i have to go to TX(where my employer is ) as i sent design document of the work which i am involved in to the  immigration ????

 

Am still in Virginia which is in LCA (where my last project was) and when i spoke to my employer attorney he told me i have only one month time to get new project ie frm (Oct 9 to Nov 9) he told to change the status to visitor :(

 

Going to canada and waited for almost 2months and finally i got visa for H1 till 2016 and now he wants me change to visitor

 

is it true abt one month period?

Do i have to change my LCA to TX and move thr?

Can i change my employer in this situation?

and top of this can i go to india for a month (its urgent situation)

 

please help!

[catx]

... when i spoke to my employer attorney he told me i have only one month time to get new project i.e. from (Oct 9 to Nov 9) he told to change the status to visitor :(

 

This highlights the problem and the red flag.  No real employer nor reputable immigration attorney would suggest such a thing.  As posted, it is not the responsibility of the employee "to get a project" (in other words, find their own work) -- it is the responsibility of the employer to find and secure a project for the company and then assign employee(s) to work on the project.  What you have posted has all the hallmarks of a shady, even fraudulent, employer (in collusion with a questionable attorney) and no substantiative employer - employee relationship. 

 

Can i change my employer in this situation?

 

It is not a question of "can you" -- but you "need to " find a new job with a reputable employer.  Maybe you should use your trip home to India to regroup and assess your situation.  If you want to return to the U.S., then find and secure a job with a reputable employer who will use your previous (current) H-1B visa to petition for a H-1B visa through them.  There is a chance that the red flags in your current situation would prevent you from returning to the U.S. with your current employer anyways.

[sandyelegance]

Thanks catx for quick response..

 

Well as the immigration verification  going on, If i change my employer now won't that be another issue??

my situation seems soo complicated so no employer are ready to sponser,

i have to fly to india in 2weeks without any end client (client letter) and with this whole immigration issue.

 

what can i expect at the port of entry?

 

Thanks

S

[JoeF]

Thanks catx for quick response..

 

Well as the immigration verification  going on, If i change my employer now won't that be another issue??

my situation seems soo complicated so no employer are ready to sponser,

i have to fly to india in 2weeks without any end client (client letter) and with this whole immigration issue.

 

what can i expect at the port of entry?

 

Thanks

S

If you don't have a project, you can expect a lot of scrutiny.

And if your employer has laid you off, you can not travel to the US at all on the H1, because that would be immigration fraud.

[sandyelegance]

Thanks JoeF

 

 

Am planning to change my employer (transfer my H1) premium process and want to go india

 

what if ,if i get query after filing for the transfer?

 

will transfering my H1 solve anything?

 

so many issues please suggest best thing to do!!! PLEASE

[catx]

Finding and getting a job with a reputable employer as a full-time employee or at the most a consultant working under an EC model (i.e. no vendors between the employer and the client), and then having them do a H-1B transfer should considerably help your situation.  Make sure you have an honest discussion with the new employer's immigration attorney regarding your current situation (i.e. no project) so they can be prepared and help with a RFE if it comes up.  Otherwise, you just need to be honest and truthful with immigration officials if asked, e.g. my previous employer did not have any projects so I found a new job and employer.