I worked for the company on H1B till December last year.
Than they terminated my contract for whatever reason.
I am pretty sure they didn't cancel H1B visa so I am ok now to do change
employer process.

In the unlikely case they did cancel my visa:
* Can I still do change employer now after several months passed?
* If I apply for brand new H1B visa and it gets approved do I still need
to leave US to get
new I-94? Mine from previous H1B is still valid till 2004.
* Is it any likelyhood that INS won't approve new H1B because I didn't
leave?
I think it's very unlikely since many times people don't surrender
their I-94
departure records and immigration is never sure if you actually
left.
Am I correct here?

Thanx for the answers to all fair people without their own
immigration/H1B agenda.
John

Originally posted by True Anonymous I worked for the company on H1B till December last year. Than they terminated my contract for whatever reason. I am pretty sure they didn't cancel H1B visa so I am ok now to do change employer process. In the unlikely case they did cancel my visa: * Can I still do change employer now after several months passed? * If I apply for brand new H1B visa and it gets approved do I still need to leave US to get new I-94? Mine from previous H1B is still valid till 2004. * Is it any likelyhood that INS won't approve new H1B because I didn't leave? I think it's very unlikely since many times people don't surrender their I-94 departure records and immigration is never sure if you actually left. Am I correct here? Thanx for the answers to all fair people without their own immigration/H1B agenda. John

If you were laid off last December and found a new employer now , you
have been here for 180 days which counts as unlawful presence i believe.
If you do submit your paperwork to the INS or BCIS they will request you
send along your most recent paystubs, i think for the last 60 days, in
this case your last pay stub would be 6 months ago? So the actual I-94
isnt going to help your case .
I think in your case you have been out of status for 6 months, if they
would approve your h1b transfer, you would probably have to leave back
to your home country and get it stamped, whereby your unlawful presence
may come into play seeing as you been here for that about of time after
being laid off. Unlawful presence counts towards a 3 year ban i think.
Anyways i may be wrong on some of my comments, i am sure others will
correct any mistakes i may have made on this analysis.

Reminder all above is not LEGAL ADVICE!

--
Posted via http://britishexpats.com

Originally posted by Cs "factorus" wrote in message news:855033.1057064385@britishexpats.com"]news:855033.105706438- 5@britishexpats.com[/url]... Originally posted by True Anonymous I worked for the company on H1B till December last year. Than they terminated my contract for whatever reason. I am pretty sure they didn't cancel H1B visa so I am ok now to do change employer process. In the unlikely case they did cancel my visa: * Can I still do change employer now after several months passed? * If I apply for brand new H1B visa and it gets approved do I still need to leave US to get new I-94? Mine from previous H1B is still valid till 2004. * Is it any likelyhood that INS won't approve new H1B because I didn't leave? I think it's very unlikely since many times people don't surrender their I-94 departure records and immigration is never sure if you actually left. Am I correct here? Thanx for the answers to all fair people without their own immigration/H1B agenda. John If you were laid off last December and found a new employer now , you have been here for 180 days which counts as unlawful presence i believe. If you do submit your paperwork to the INS or BCIS they will request you send along your most recent paystubs, i think for the last 60 days, in this case your last pay stub would be 6 months ago? So the actual I-94 isnt going to help your case . I think in your case you have been out of status for 6 months, if they would approve your h1b transfer, you would probably have to leave back to your home country and get it stamped, whereby your unlawful presence may come into play seeing as you been here for that about of time after being laid off. Unlawful presence counts towards a 3 year ban i think. Anyways i may be wrong on some of my comments, i am sure others will correct any mistakes i may have made on this analysis. Reminder all above is not LEGAL ADVICE! -- Posted via http://britishexpats.com/"]http://britishexpat- s.com[/url] I agree with him being out of status, however on my h1b transfer they never asked for paystubs!!!

How long ago was this? Were you laid off or did you find another
position and transfer immediatly while being still employed?

--
Posted via http://britishexpats.com

Originally posted by Cs "factorus" wrote in message news:855033.1057064385@britishexpats.com"]news:855033.105706438- 5@britishexpats.com[/url]... Originally posted by True Anonymous I worked for the company on H1B till December last year. Than they terminated my contract for whatever reason. I am pretty sure they didn't cancel H1B visa so I am ok now to do change employer process. In the unlikely case they did cancel my visa: * Can I still do change employer now after several months passed? * If I apply for brand new H1B visa and it gets approved do I still need to leave US to get new I-94? Mine from previous H1B is still valid till 2004. * Is it any likelyhood that INS won't approve new H1B because I didn't leave? I think it's very unlikely since many times people don't surrender their I-94 departure records and immigration is never sure if you actually left. Am I correct here? Thanx for the answers to all fair people without their own immigration/H1B agenda. John If you were laid off last December and found a new employer now , you have been here for 180 days which counts as unlawful presence i believe. If you do submit your paperwork to the INS or BCIS they will request you send along your most recent paystubs, i think for the last 60 days, in this case your last pay stub would be 6 months ago? So the actual I-94 isnt going to help your case . I think in your case you have been out of status for 6 months, if they would approve your h1b transfer, you would probably have to leave back to your home country and get it stamped, whereby your unlawful presence may come into play seeing as you been here for that about of time after being laid off. Unlawful presence counts towards a 3 year ban i think. Anyways i may be wrong on some of my comments, i am sure others will correct any mistakes i may have made on this analysis. Reminder all above is not LEGAL ADVICE! -- Posted via http://britishexpats.com/"]http://britishexpat- s.com[/url] I agree with him being out of status, however on my h1b transfer they never asked for paystubs!!!

How long ago was this? Were you laid off or did you find another
position and transfer immediatly while being still employed?

--
Posted via http://britishexpats.com

"factorus" <member11298@britishexpats.com> wrote in message
news:855260.1057074600@britishexpats.com... Originally posted by Cs "factorus" wrote in message news:855033.1057064385@britishexpats.com"]news:855033.105706438- 5@britishexpats.com[/url]... Originally posted by True Anonymous > I worked for the company on H1B till December last year. > Than they terminated my contract for whatever reason. > I am pretty sure they didn't cancel H1B visa so I am ok now to > do change > employer process. > > In the unlikely case they did cancel my visa: > * Can I still do change employer now after several months passed? > * If I apply for brand new H1B visa and it gets approved do I > still need > to leave US to get > new I-94? Mine from previous H1B is still valid till 2004. > * Is it any likelyhood that INS won't approve new H1B because I didn't > leave? > I think it's very unlikely since many times people don't surrender > their I-94 > departure records and immigration is never sure if you actually > left. > Am I correct here? > > Thanx for the answers to all fair people without their own > immigration/H1B agenda. > John If you were laid off last December and found a new employer now , you have been here for 180 days which counts as unlawful presence i believe. If you do submit your paperwork to the INS or BCIS they will request you send along your most recent paystubs, i think for the last 60 days, in this case your last pay stub would be 6 months ago? So the actual I-94 isnt going to help your case . I think in your case you have been out of status for 6 months, if they would approve your h1b transfer, you would probably have to leave back to your home country and get it stamped, whereby your unlawful presence may come into play seeing as you been here for that about of time after being laid off. Unlawful presence counts towards a 3 year ban i think. Anyways i may be wrong on some of my comments, i am sure others will correct any mistakes i may have made on this analysis. Reminder all above is not LEGAL ADVICE! -- Posted via http://britishexpats.com/"]http://britishexpat- s.com[/url] I agree with him being out of status, however on my h1b transfer they never asked for paystubs!!! How long ago was this? Were you laid off or did you find another position and transfer immediatly while being still employed? -- Posted via http://britishexpats.com


I found a position while I was still working and they didnt even have layoff
plans, but even if I was, how would the INS know this? I am not implying
they dont know, im just asking how they find out, I have zero knowledge
about it, all I know is that my trasfer was very smooth.

Thank you.

I read previous responses and realize that it's impossible to know for sure
that previous company canceled H1B.
We separated not 100% gracefully.

So I feel it's safer to just apply for the brand new H1B.
Therefore my question is:
Once it's approved (which I am pretty sure of) SHOULD I need to
leave country to get stamp? My I-94 is valid till 2004. And I have the
opportunity to go for this not to my home country but to a very liberal
EU country. Have links to it. Does it make sense?

What are potential pitfalls/problems with applying for brand new
H1 in my case? Any recommendations? Experiences?

I am sure many people got laid off, terminated and so on in recent years.
And they are able to somehow straighten this out now.

I will have lawer of course but anyway, any thoughts?

Thank you,
John



True Anonymous wrote:
I worked for the company on H1B till December last year. Than they terminated my contract for whatever reason. I am pretty sure they didn't cancel H1B visa so I am ok now to do change employer process. In the unlikely case they did cancel my visa: * Can I still do change employer now after several months passed? * If I apply for brand new H1B visa and it gets approved do I still need to leave US to get new I-94? Mine from previous H1B is still valid till 2004. * Is it any likelyhood that INS won't approve new H1B because I didn't leave? I think it's very unlikely since many times people don't surrender their I-94 departure records and immigration is never sure if you actually left. Am I correct here? Thanx for the answers to all fair people without their own immigration/H1B agenda. John

"Truly Anonymous" <no@email.com> wrote in message
news:3F01C340.6D5124FC@email.com...
I read previous responses and realize that it's impossible to know for
sure that previous company canceled H1B. We separated not 100% gracefully. So I feel it's safer to just apply for the brand new H1B. Therefore my question is: Once it's approved (which I am pretty sure of) SHOULD I need to leave country to get stamp?

You almost certainly have to leave the U.S., get an H-1B visa stamp if you
don't already have one, and re-enter, in order to get yourself into H-1B
status.

The H-1B petition may contain two requests: one is to classify you and the
job as H-1B; the other is to ask that your status be extended and a "change
of employer" granted.

Because of your long time in violation of status, the second request, if
made, will probably be refused. However, the request for H-1B
classification will probably be approved.

Your attorney may recommend that the prospective employer simply not make
the second request, because it is so likely to be refused.

My I-94 is valid till 2004. And I have the opportunity to go for this not to my home country but to a very liberal EU country. Have links to it. Does it make sense?

It's probably O.K. You can try, and if it doesn't work, go to your home
country.
What are potential pitfalls/problems with applying for brand new H1 in my case? Any recommendations? Experiences? I am sure many people got laid off, terminated and so on in recent years. And they are able to somehow straighten this out now. I will have lawer of course but anyway, any thoughts?
True Anonymous wrote: I worked for the company on H1B till December last year. Than they terminated my contract for whatever reason. I am pretty sure they didn't cancel H1B visa so I am ok now to do change employer process. In the unlikely case they did cancel my visa: * Can I still do change employer now after several months passed?

The employer can ask, but the request is likely to be refused. BCIS will
probably ask for paystubs to check whether you maintained H-1B status, and
if you don't present those, BCIS will refuse the request.
* If I apply for brand new H1B visa and it gets approved do I still need to leave US to get new I-94?

If your employer asks for an "extension and change of employer" and BCIS
approves, then a new supplementary I-94 would be printed on the bottom of
the H-1B approval notice, and you wouldn't have to leave the U.S.

Mine from previous H1B is still valid till 2004.

You can't use that one as the basis for employment.
* Is it any likelyhood that INS won't approve new H1B because I didn't leave?

Yes, it's likely.
I think it's very unlikely since many times people don't surrender
their I-94 departure records and immigration is never sure if you actually
left. Am I correct here?

Also, I don't believe you will be subject to the 3 year bar, because the bar
is based on your staying in the U.S. for 180 days after an expiration date
on an I-94 (and yours ends in 2004, so you don't have to worry there), or
180 days after the BCIS or a judge found you to have violated status. The
previous employer's notifying BCIS that you left is not an event which
starts the 180 days counting.