Very Very Urgent - H1b Termination.

[jpatel1982]

My employer called me today saying that they are giving me paychecks until 2nd of March 2009 and until 7th of March 2009 I have to tell them, when I am leaving the country until 7th of March 2009. I requested them to give me couple of weeks notice, so that I can either transfer my H1B to a different employer or change my status back to F1 visa. But, my employer is saying that there is a strict checking from federal agents and they donot want to take any chance this time and so they want to send everybody on bench to india. Still he was telling me that there were 18 people that did stamping from US - india consulate from their company for fresh H1B.

Please answer my questions:

Q-1) How much time, can I get to transfer my H1b or adjust my status to F1 or B1 or visitor visa after they terminate my H1b?

Q-2) What is the best possible option? Going back to H1B visa or going back to student visa or going back to india?

Q-3) I donot want to go back to india, since employer was telling that If I go back to india, they will give a letter of vacation and I can come back once I get a new project? But, I donot trust them.

Q-4) few day ago my employer was lying saying that they have enough funds to support and run the payroll, suddenly he give me 2 day notice to go to india, thats really bad. He doesnot want to lose us at the same time, he doesnot want us to transfer to some other company? Such a ridiculous company? Also there is no such official email or a mail letter from my employer stating that they are going to terminate my H1B? So, shall be understood from this?

[Subramanya]

My employer called me today saying that they are giving me paychecks until 2nd of March 2009 and until 7th of March 2009 I have to tell them, when I am leaving the country until 7th of March 2009. I requested them to give me couple of weeks notice, so that I can either transfer my H1B to a different employer or change my status back to F1 visa. But, my employer is saying that there is a strict checking from federal agents and they donot want to take any chance this time and so they want to send everybody on bench to india. Still he was telling me that there were 18 people that did stamping from US - india consulate from their company for fresh H1B.

Please answer my questions:

Q-1) How much time, can I get to transfer my H1b or adjust my status to F1 or B1 or visitor visa after they terminate my H1b?

---- You have not much time left. file your application at the earliest before your termination date

Q-2) What is the best possible option? Going back to H1B visa or going back to student visa or going back to india?

---- If you have someone who can offer you a job and transfer your H1 -- you can go for it. If you feel like you want to wait for some more time before you jump on to the first employer -- in which case you go for F1

Q-3) I donot want to go back to india, since employer was telling that If I go back to india, they will give a letter of vacation and I can come back once I get a new project? But, I donot trust them.

---- If H1 and F1 are not possible consider B1

Q-4) few day ago my employer was lying saying that they have enough funds to support and run the payroll, suddenly he give me 2 day notice to go to india, thats really bad. He doesnot want to lose us at the same time, he doesnot want us to transfer to some other company? Such a ridiculous company? Also there is no such official email or a mail letter from my employer stating that they are going to terminate my H1B? So, shall be understood from this?

---- All this is for you to verify as you are employed with them. All others can throw in their opinions, but they would not know more that what you have posted

Subramanya

[jpatel1982]

filing WH4 with the DOL to get H1 to F1 transfer!!!

Others please respond....

In case if I file WH4 with DOL for total of around 8 months of bench period with my employer who is now telling me to go back to india, shall I be liable in any sense or I will be succesffully be able to do a Change of Status (COS) from H1B to F1. Since currently in this market if I change from H1b to H1b transfer again to a diff. employer this bench period scenario might get repeated.

I read somewhere on forums, that If I file WH4 and I will be back again in status, since my employer till today has not cancelled or notified INS for termination of H1b neither they have not send me any official notification to leave the country. So, shall I file WH4 imm. and than do the F1 transfer and will I be safe than, or shall I also be asked by INS to leave the country? Please guide, since an employee is not liable for any knowledge of laws, but an employer is liable for their known deeds, since they already have fulltime law firms with them and still they are committing heinious bad deeds!!!!

Please respond.

[txh1b]

DOL WH4 complaint will get your pay and read the "Neufield" memo on the forum.

What made you wait for 8 months????

[jpatel1982]

Today's Controvertial Article in **** ** bulletin.

Respected Readers,
Today in **** ** bulletin they have mentioned that if employers have not complied with LCA regulations, but if they now start revoking the H1b of bench employees than this will be a positive sign and they will have to face less / no charges against their companies.

I totally disagree above statement my **** ** bulletin, its like saying that if a murderer has planningly murdered 100 people and now if this murderer starts doing good social work i.e. terminating the employment of that victimized H1b holder rather than sympathising with these folks, than their punishment will be reduced? Reduced to what level renowed immigration attorneys?

Are we trying to protect in this recession livelihood of the needy employees which now you guys donot need them so calling them out of status? Or are we trying to protect the greedy corrupted businesses?

Readers / consultants / employees ball is in your court, choose between your livehood or business protectionists?

I would also like to add, that my employer came to know that I have posted my comments on this forum and so he had sent me email for employment termination. Biggest question: Why is my employer looking for people's comment on forums such as **** **, if they are painted in white?

If an employee has made a mistake which has happened due to lack of his/her knowledge on laws, but these employers are committing purposely/well planned deeds which later they call 'mistakes' which are unacceptable.

I thank you all the consulting employees specially Bay area & North east consulting employees association of US in coming out for full support.