No offer letter on OPT, I paid during OPT, H1B unstable payment, DV Lottery

[Joenicemers]

Dear Sir/Madam,

In Fall 08, I graduated with a masters degree. In the first week of February 2009, I got my OPT card. I tried hard to find jobs. I finally found a small company XYZ. The work the company was doing was related to my field of study. XYZ told me, “in order for you to be comfortable working with us, you must first do a 6 months course under us and if your grades are good, you will be granted a full time paid internship/jobâ€. For this course I had to pay $4500. At that point, I requested whether they do H1B sponsorship. They told me we have already sponsored 3 students like you in the last month. We will sponsor you too provided we have to take an interview. I agreed.

There was a company ABC which was just next door to company XYZ. The head of company ABC and one of the senior employees of company XYZ took my interview. They asked me questions on my masters and bachelors degree courses and they were impressed. I was chosen to be sponsored.

In July, company ABC called me up and said Congrats! You’ve got your H1B approved. I got a copy of my I797C Notice of Action.

I completed my course on the 2nd week of September 2009 and company ABC told me, “For October 09 you can’t work since there is no project. However, from November 09, you would be working full time at company XYZ with an amount of $5000 a monthâ€. In Nov. 09, I worked and got the money for November. In the first week of December I informed the company that by January 2010, I want to go to my home country for good. They told me that since you did not get paid in October 09 and we can’t pay you for December 09, when you join in January 10 we will adjust your payments. I joined in January 2010 and got paid for the first half of January 10. I resigned on 15th of Jan10 and left USA for good in the first week of Feb 10.

I would like to clearly mention that during my course at company ABC (mid feb 09 – mid sep 09), I paid company XYZ by Cheques. I was not given any offer letter from Company ABC when I joined in February 2009. On my I94 “D/S†was written. This I94 was removed from my passport at the airport before leaving USA for good.

My Question:

I have taken a 6months course worth $4500 in a company during my OPT and paid for this course in installments by Cheques. There is no documentation that I have done this course and no job offer letter on my OPT. Out of 3½ months on H1B, I was not paid for 2 months. Since I left USA for good, almost one year has passed by. I have applied for the DV 2012 lottery. If I win, regarding this issue, what has to be done to get the greencard?

[Joe.F]

You will have problems since you were out of status.

On H1, you have to get paid ALL THE TIME, even on bench without a project.

You should have filed a complaint with DOL on form WH4.

[Joenicemers]

Well, I was actually worried about my OPT status because I was not working on my OPT. Based on my case mentioned, I payed $4500 for a 6 months vocational course at the same company before I could start working for them. For my OPT I have no documentation of my course completion and no offer letter too. Was this violating the OPT regulations?

With respect to H1B, I have left the country and I am in my home country since the past 16 months. I don't intend to come to USA on H1B again. My H1B (I797C) expires on Oct 2012. I have applied for DV 2012 (Diversity Visa Lottery). So if I win, I wish to go for my interview between November 2012 - August 2012.

[This message was edited by Admin on May 20, 2011 at 09:49 AM.]

[Joenicemers]

I would like to say that I'm worried about my OPT situtation (as mentioned above in my case) and I hopefully feel that H1B unstable payment would not cause a stir for my Diversity Visa Interview (If I win DV2012).

I have referred a link, but unfortunately, this link (****.com)was unable to be uploaded on this forum. I have cop-pasted the details. I would be grateful if you could read this post which is pretty much related to my case.

Here are the details of this guy's case:


Question of this guy:
I have been working in the US for the past 7.5 years and recently lost my job. I am currently out of status since March and I am finalizing my departure and have bought a one way ticket to my home country for end of July.
I just won the DV lottery and am concerned that my out of status (eventually 4.5 months) will have effect on my chances of a green card. I am using my address in my home country for the DSP-122 mailing address.
In form DS-230 should I fill out my present address in the US or fill out my address in my home country as I will be there during the time of interview?
Also, is there a need to file a nunc pro tunc and will this help my chances?
I forgot: before my layoff, my H1B got extended until Oct 2010 and my I94 is valid until Oct 2010 as well.
Any help in this matter is greatly appreciated!



Answer given by Karin Wolman (Attorney licensed in Wall Street, NY):

Use your home country address on the DS-230, and keep a careful record of when the job ended and when you left the country. It sounds like you still have a facially-valid I-94 even though you are not with the H-1B employer any more, so you may not even be accruing any unlawful presence (overstay after expiry of an I-94 or past the date of a decision or notice from USCIS finding that your status has terminated). If the I-94 did expire, or if you know that your employer dutifully & timely reported the termination of your H-1B employment to USCIS, then you might be "unlawfull present," in which case it is important to document that you stayed in the US less than 180 days after the date your job ended, so that you are are not subject to a 3-year bar to readmission.

You will not need nunc pro tunc relief, and as long as you apply for the immigrant visa at the US Embassy in your home country, this period being OUT OF H1-B STATUS SHOULD NOT POSE A PROBLEM FOR YOUR GREEN CARD.