Need opinion on my situation during the last stay in US on H1-B

[immihelpsharma]

Hello Sir,

need some advice. sequence of events since I entered US the last time in Oct 07. There were no issues from July 00 till Oct 07 when I worked with three different employers, one of which had filed my green card in EB3.

1)lost my job in Mar 08. Was paid till 15th Apr 08. This was in TX

2)H-1 transfer applied to a contract firm on 8th May 08. Started getting paid through them. Still in TX

3)Started a new job in CA in Jul 08. The old H-1 with the contract firm not cancelled

4)the company well belly up in Oct 08. lost job. paid till 15th Oct 08

5)went back on the payroll of the contract firm. Started getting salary from 1st Nov 08. Stayed on payroll till 31st Dec 08. Lived in CA. Telecommuted. LCA not updated for CA when rejoined this company (LCA was valid for TX).

6) Left US on 10th Feb 09.

Do you foresee any problem (out of status issue) with the new H-1 that I've filed FY13. I will go for stamping in New Delhi.

thanks

raj

[wiweq]

"Hello Sir,"

=> Better to make it Hello Sir/ Madam

"Do you foresee any problem (out of status issue) with the new H-1 that I've filed FY13. I will go for stamping in New Delhi."

=> At he moment, employee-employer relationship is broken the H1b is also gone, and for creating new relationship (even with the same employer) the new H1b should be filed. Your contract employer didn't file a new H1b for you, violation of H1b regulations.

LCA not updated, violation of H1b regulations.

From 15th Apr 08, to 15th Apr 08 no job no status, violation of immigration regulations. (You should have filed COS at the day of lay-off or left USA).

From 31st Dec 08 to 10th Feb 09, no salary out of status.

VO would also be interested in above points. Make sure to tell them correct dates, events and reasons behind your actions. All the best.

[sanjaylal_2012]

Dear wiweq,

My views. Will appreciate your reply.

for creating new relationship (even with the same employer) the new H1b should be filed

sure about that? I don't see any problem in it. Lets say I'm working for A, file an H-1B transfer to B and move to B while the transfer is still in process. If the H-1B with B is rejected, can't I come back to A on the same H that I had with A if that H is still not cancelled?

From 15th Apr 08, to 15th Apr 08 no job no status, violation of immigration regulations

which dates are you referring to? 15th Apr 08 to 15th Apr 08?

"Hello Sir,"

=> Better to make it Hello Sir/ Madam

"Do you foresee any problem (out of status issue) with the new H-1 that I've filed FY13. I will go for stamping in New Delhi."

=> At he moment, employee-employer relationship is broken the H1b is also gone, and for creating new relationship (even with the same employer) the new H1b should be filed. Your contract employer didn't file a new H1b for you, violation of H1b regulations.

LCA not updated, violation of H1b regulations.

From 15th Apr 08, to 15th Apr 08 no job no status, violation of immigration regulations. (You should have filed COS at the day of lay-off or left USA).

From 31st Dec 08 to 10th Feb 09, no salary out of status.

VO would also be interested in above points. Make sure to tell them correct dates, events and reasons behind your actions. All the best.

[wiweq]

If the H-1B with B is rejected, can't I come back to A on the same H that I had with A if that H is still not cancelled?

=> No, you cannot come back to company A back without new H1b filing. Gone were the days when it was possible. Now as per law, an employer HAS to revoke H1b, if the beneficiary is terminated. As I told earlier, H1b is lost anyways when the relationship is terminated. There is no need to 'revoke the H1b' to make this sure. Your H1b was anyway gone even if the employer revoked your H1b or not. If your employer didn't revoke your H1b, it’s their fault. They are involved in something illegal, they are fraud. DO you want to join a fraud employer again? To create new relationship, new H1b should be filed.

Again, no H1b extension or COS when you are out of status.

From 15th Apr 08, to 15th Apr 08 no job no status, violation of immigration regulations

which dates are you referring to? 15th Apr 08 to 15th Apr 08?

=> 15th Apr 08 to 8th May 08

All the best.