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  • Complicated Situation

    I am kind of in a bind, can someone help me out?

    I came to the US on a DS student visa. I finished my MA and was sponsored by a prominent company for H-1. I hired a lawyer for the H-1 process. It apparently went smoothly and I started working at the company. About 8 months after the, the subsidiary company was closed down and the I was transferred to the parent company.

    As the Parent Company prepared to transfer my H-1, they informed me that the process was never completed. They said that I should have left and re-entered the country to 'activate' my H-1 visa. I was told that I was illegally in the country since my optional training had expired. I was immediately fired.

    Now I had asked the lawyer if I needed to do anything once I got the papers from INS, he had said that no further action was needed on my part. He even wrote a letter to the INS saying that they should have automatically adjusted my status.

    I have not heard from the lawyer or the INS to date (this is 2 years later)? I did file for adjustment of status under 245i. But, this can take over a decade, meanwhile I can't study or work.

    All, I want to do is get my I-20 back. Do I have any legal recourse?
    Thanks

  • #2
    I am kind of in a bind, can someone help me out?

    I came to the US on a DS student visa. I finished my MA and was sponsored by a prominent company for H-1. I hired a lawyer for the H-1 process. It apparently went smoothly and I started working at the company. About 8 months after the, the subsidiary company was closed down and the I was transferred to the parent company.

    As the Parent Company prepared to transfer my H-1, they informed me that the process was never completed. They said that I should have left and re-entered the country to 'activate' my H-1 visa. I was told that I was illegally in the country since my optional training had expired. I was immediately fired.

    Now I had asked the lawyer if I needed to do anything once I got the papers from INS, he had said that no further action was needed on my part. He even wrote a letter to the INS saying that they should have automatically adjusted my status.

    I have not heard from the lawyer or the INS to date (this is 2 years later)? I did file for adjustment of status under 245i. But, this can take over a decade, meanwhile I can't study or work.

    All, I want to do is get my I-20 back. Do I have any legal recourse?
    Thanks

    Comment


    • #3
      Please explain;
      Did you received your H1 From first company( as you said your process went smoothly).
      How long parent company took to inform you that process never took place?
      Are they(companys Attorney) filed your transfer again OR you hired your own attorney?Your I-20 is history once you got HiB.
      Why you want I20 back?
      Its a discussion, not a legal advise..

      Comment


      • #4
        Thanks for the interest mohan.

        Question: Did you received your H1 From first company( as you said your process went smoothly).
        How long parent company took to inform you that process never took place?

        Reply: The subsidiary filed the paperwork for the H-1 for me. But, the process was never completed. Basically, the company and I assumed that the "notification of approval" from INS was the thing itself.
        The parent company took about a month to tell me that there might be problems with the paperwork, they waited another couple of weeks to fire me (basically when the project I was working on was finished).

        Question: Are they(companys Attorney) filed your transfer again OR you hired your own attorney?
        Reply: I had hired my own attorney for the H-1B with the subsidiary company. The parent company had its own team of lawyers, who told me that my paperwork was incomplete and I couldn't be working for them.

        I would like my I-20 back because I would like to enroll in a phd program. Also, I thought that since I lost the H-1B due to no fault of my own, I should be able to retain my original status....of course, that is probably wishful thinking.

        thanks

        Comment



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