Jump to content
Sign in to follow this  
sakflorida

F1-H1B Temporary Termination.

7 posts in this topic

Recommended Posts

Hello All,

I am stuck in a very painful scenario right now. I am working on F1-OPT which ends on Feb 5th 2011 and have a pending H1-B application under premium processing. The thing is my employer says that they will terminate me on Feb 4th and cannot guarantee a rehiring even if H1-B is approved.

My employer needs to know if there is something (legal) like temporary termination and rehiring ? If yes then what does the employer need to do to rehire. And is there any documentation about this. My employer wants to check this documentation before reconsidering.

Any inputs would be appreciated.

Thanks

sak.

Share this post


Link to post
Share on other sites

well i can stay in the country for 60 days but i cannot work until my h1 is approved. my lawyer says the compnay can temporarily terminate and rehire, but the company HR is not ready to listen or they kind of hesitant in going that way. they dont know the impact or consequences (if any) of rehiring especially an international.

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: India
Timeline

Yea you have those 60 days to pack up your stuff and close all the lose ends. You cannot work that is true, I am assuming that the same company has filed for your H1 with whom you are working now, why would their HR not want to hire you after they have spent all that money on processing your H1.

Share this post


Link to post
Share on other sites

12/01/2010: Married!
12/14/2010: Mailed AOS Packed to Lockbox
12/23/2010: USCIS Receipt notice for I-485/I-130/I-765/I-131
01/05/2011: Successful biometrics walkin at Charleston WV office!
03/04/2011: EAD and AP combo card in hand.
04/21/2011: AOS Interview at Norfolk local office. APPROVED & Card production ordered!
04/25/2011: Welcome to the US letter received in mail.
05/02/2011: Green Card arrives in mail!

----------------------------------------------------------------------------------------------------------------------

01/29/2013: NOA received for I-751 form submission (joint)

02/22/2013: Walk in biometric (appt. for 03-05-13)

06/25/2013: I-751 approved!

06/29/2013: 10yr Green Card received in the mail!

----------------------------------------------------------------------------------------------------------------------

08/18/2015: Mailed N-400 application

08/28/2015: NOA for N-400

09/14/2015: Biometrics appointment for N-400

02/02/2016: Interview for N-400. APPROVED!

02/18/2016: Oath ceremony!

Share this post


Link to post
Share on other sites

Also listed in there is a STEM extension. If your degree is part of an approved list and your employer participates in E-Verify, then you can apply for a STEM extension on your OPT which gives you 17 more months also. You are also able to work for another employer if you wish on OPT but be wary of any unemployment time as this counts against you.

Point is, be sure your employer is aware of the Cap Gap extension at the very least. Hopefully you can use it and you will be fine.


12/01/2010: Married!
12/14/2010: Mailed AOS Packed to Lockbox
12/23/2010: USCIS Receipt notice for I-485/I-130/I-765/I-131
01/05/2011: Successful biometrics walkin at Charleston WV office!
03/04/2011: EAD and AP combo card in hand.
04/21/2011: AOS Interview at Norfolk local office. APPROVED & Card production ordered!
04/25/2011: Welcome to the US letter received in mail.
05/02/2011: Green Card arrives in mail!

----------------------------------------------------------------------------------------------------------------------

01/29/2013: NOA received for I-751 form submission (joint)

02/22/2013: Walk in biometric (appt. for 03-05-13)

06/25/2013: I-751 approved!

06/29/2013: 10yr Green Card received in the mail!

----------------------------------------------------------------------------------------------------------------------

08/18/2015: Mailed N-400 application

08/28/2015: NOA for N-400

09/14/2015: Biometrics appointment for N-400

02/02/2016: Interview for N-400. APPROVED!

02/18/2016: Oath ceremony!

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...