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  • H 1 B needs help

    I was laid off from company A on Dec20, 2003(which my H 1 B will be expired on May 14, 200) 4.Then, I got job on Company B and file another H-1 B right away.I strat working with this company for 2 months, then I got laid off again, while H 1B for company B has not been approved yet; rather than the reciept with EAC number fron INS. On march 7, 2004, I filed unemployment claim to labor department, They said I was eligible for unemployment, but I have to get the number from INS. Next day, I called INS with explanation, INS's officer asked me the H-1B apprval number( EAC number), I gave to him, because I want to thing right.Then, he told me that technically since I got fire I was automaticly out off status, I have to go back to my country right away. What about my apartment, my suit case?????

    Last week, the company B called me back to work as a part time job. Eventough, the pay that I get still not enough to pay for food and rent. On may 1, I got a letter from labor department about the eligibility to get unemployment saying the amount that I could get.I called the labor departmet, they pulled up my data, and told me that I was eligible for unemployment, but it shown that I was out of status(how come, my H 1B is still valid until May14,2004).

    This is discrimation.Since I work for company B, my pay is not enough to pay for rent and food; moreover, I have to pay money that I owe to federal state govenment.

    Are INS and the Labor department tied together? I need and advice.

    Please help.

  • #2
    I was laid off from company A on Dec20, 2003(which my H 1 B will be expired on May 14, 200) 4.Then, I got job on Company B and file another H-1 B right away.I strat working with this company for 2 months, then I got laid off again, while H 1B for company B has not been approved yet; rather than the reciept with EAC number fron INS. On march 7, 2004, I filed unemployment claim to labor department, They said I was eligible for unemployment, but I have to get the number from INS. Next day, I called INS with explanation, INS's officer asked me the H-1B apprval number( EAC number), I gave to him, because I want to thing right.Then, he told me that technically since I got fire I was automaticly out off status, I have to go back to my country right away. What about my apartment, my suit case?????

    Last week, the company B called me back to work as a part time job. Eventough, the pay that I get still not enough to pay for food and rent. On may 1, I got a letter from labor department about the eligibility to get unemployment saying the amount that I could get.I called the labor departmet, they pulled up my data, and told me that I was eligible for unemployment, but it shown that I was out of status(how come, my H 1B is still valid until May14,2004).

    This is discrimation.Since I work for company B, my pay is not enough to pay for rent and food; moreover, I have to pay money that I owe to federal state govenment.

    Are INS and the Labor department tied together? I need and advice.

    Please help.

    Comment


    • #3
      As soon as you're laid off from company B, after a period of 10 days you're out of status. Labor Dept was correct in that regard. Termination of employment cancel the underlying H1-B unless there's another job to transfer to.

      Comment


      • #4
        To Marmaduk,

        What sould he do now? He got back to a job.Then what. Is that ok for him?

        Comment


        • #5
          H1-B is for a fulltime position, not part time. By offering a part-time job, company B knowingly break the law (there's no excuse not knowing his out of status, since they're part of the problem that's he's in this mess).
          Personally, the best way out of this mess is to make Company B offer a full time position and continue the H1-B process that they had started. If its hasn't been recalled, maybe there's a chance USCIS will grant it. Otherwise, he has acknowingly working with illegal status.

          Comment


          • #6
            Thank you,Marmaduk.

            I and a lot of our friends are now unemployed and being lay-off during this situation.It is so sad that while we were working we paid a lot of tax to government and not trying to violet any law. After, we got lay-off, we have no right to do like any one could do here.

            Comment


            • #7
              Tong,
              I think there're lots of former H1-B visa holder in your situation. One recurring theme for them, if feasible, is to enroll back in school and switch to F1 status. Preferably in graduate level in order to earn assistantship, while waiting for another job opportunity. That might be something worth looking into.

              Comment


              • #8
                H-1B can be part-time.

                Comment


                • #9
                  Here's a link from Murthy's website that address such an issue:
                  http://www.murthy.com/news/UDtermh1.html

                  Cedar was right. H1-B can be for part-time situation as well.

                  Comment

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