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H1-B 221-g and possible shutdown of company

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  • H1-B 221-g and possible shutdown of company

    Hi everyone,

    I find myself in a big fix. I graduated from a US univ and joined a software startup on OPT before they sponsored my H1-B in Nov'2012. I traveled back to India for a visit in Oct 2012 and duly went for my H1-B stamping in New Delhi where I was handed the 221-g. Since then (5+ months) I have been stuck in India waiting for this administrative processing to finish. While I have been here, it seems that my startup won't survive for long over there in US.. which means that my H1-B would no longer be valid when that happens.

    So,
    1. My best bet lies in the startup surviving long enough for me to go back and look for another H1-B sponsor before it shuts down, which is rather unlikely Since, there is technically no grace period after H1-B expires... the time frame could be very short.
    2. I try to get another H1-B by applying for US jobs while I am in India, which is rather hard to do because companies want to have a face-to-face interview. If anyone knows any good way to do this, I would be really obliged to them.
    3. Being a startup, my company stopped paying me after the 2nd month of my 221-g waiting... does that put me out of status immediately since then? I still don't understand the full consequences of this, can someone help me in that?

    Can someone tell me what my options are? This 221-g has made my life miserable and helpless. :'(
    I appreciate your help and time. Thanks in advance!

  • #2
    Originally posted by gfaddy View Post
    Hi everyone,

    I find myself in a big fix. I graduated from a US univ and joined a software startup on OPT before they sponsored my H1-B in Nov'2012. I traveled back to India for a visit in Oct 2012 and duly went for my H1-B stamping in New Delhi where I was handed the 221-g. Since then (5+ months) I have been stuck in India waiting for this administrative processing to finish. While I have been here, it seems that my startup won't survive for long over there in US.. which means that my H1-B would no longer be valid when that happens.

    So,
    1. My best bet lies in the startup surviving long enough for me to go back and look for another H1-B sponsor before it shuts down, which is rather unlikely Since, there is technically no grace period after H1-B expires... the time frame could be very short.
    2. I try to get another H1-B by applying for US jobs while I am in India, which is rather hard to do because companies want to have a face-to-face interview. If anyone knows any good way to do this, I would be really obliged to them.
    3. Being a startup, my company stopped paying me after the 2nd month of my 221-g waiting... does that put me out of status immediately since then? I still don't understand the full consequences of this, can someone help me in that?

    Can someone tell me what my options are? This 221-g has made my life miserable and helpless. :'(
    I appreciate your help and time. Thanks in advance!
    3. Being a startup, my company stopped paying me after the 2nd month of my 221-g waiting... does that put me out of status immediately since then? I still don't understand the full consequences of this, can someone help me in that?

    No it does not put you out of status. You are not required to get paid when you are out of country.
    Track 221g / administrative processing cases at one place -- Register at http://www.immihelp.com/tracker/221g-tracker

    Comment


    • #3
      Originally posted by hawkeye13 View Post
      3. Being a startup, my company stopped paying me after the 2nd month of my 221-g waiting... does that put me out of status immediately since then? I still don't understand the full consequences of this, can someone help me in that?

      No it does not put you out of status. You are not required to get paid when you are out of country.
      Thanks for the response. At least that's one bullet point which I can worry less about.
      Btw, that video in your signature was depressingly true. =/

      Comment


      • #4
        Originally posted by gfaddy View Post
        Btw, that video in your signature was depressingly true. =/

        Isnt that actual representation of "Our Cases"?

        I am hoping someone from administration / USCIS / Consulate to see it so they can change the damn ways to process !!
        Track 221g / administrative processing cases at one place -- Register at http://www.immihelp.com/tracker/221g-tracker

        Comment


        • #5
          Originally posted by hawkeye13 View Post
          Isnt that actual representation of "Our Cases"?

          I am hoping someone from administration / USCIS / Consulate to see it so they can change the damn ways to process !!
          That's not very likely.. though we can still hope. There are so many people who suffer because of this and the govt. is not really interested in helping out.

          Comment

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