H1B Extension - Company Debarred

[krishnakarkumar]

Hi Attorneys

Please help and advise

My H1B is expiring on Feb 2013. I work for State goverment employer as a full time employee. My employer got Debarred by DOL & USCIS for 2 years. The Debarrment ends on Dec 2013.

My employer can not file my H1 Extension in Feb 2013 due to the debarrment.

My manager wants to retain me even though there is a debarrment.

What are the options I have.

01. I was told by my manager that there is a H1 Personal petition I can apply for. I do not know anything about this and also I did not heard about this.

02. My manager is ready to hire me as a contractor when the debarrment date comes. Is this legally correct,

Please advise

Regards

Krishna

[JoeF]

An H1 is always an employer petition. There is no "personal" H1 petition.

there is no way around a debarrment. Find another employer.

[wiweq]

" I was told by my manager that there is a H1 Personal petition I can apply for."

=> H1b can be filed by employer only. No personal H1b. Refer and attorney to your employer.

"My manager is ready to hire me as a contractor when the debarment date comes. Is this legally correct,"

=> Yes, that works.

[chtummala]

contracting works

[rahul412]

An H1 is always an employer petition. There is no "personal" H1 petition.

there is no way around a debarrment. Find another employer.

When an employer is debarred, does the H1B petitions filed by that employer are still valid??

[wiweq]

"When an employer is debarred, does the H1B petitions filed by that employer are still valid??"

=> Yes, and it may depend of the reason behind debarment.

For an example: If someone files WH4 and the DOL finds the employer guilty they can ban them for one year for FUTURE H1b and GC filing.

[rahul412]

"When an employer is debarred, does the H1B petitions filed by that employer are still valid??"

=> Yes, and it may depend of the reason behind debarment.

For an example: If someone files WH4 and the DOL finds the employer guilty they can ban them for one year for FUTURE H1b and GC filing.

So he will be ban from filing H1B and GC. That's it??

[LonelyMe]

you can work as a contractor to this current employer, once you petition by another employer is approved.