H1B ....Urgent please need help and advice !!!

[nirmila]

Hi there everyone,

I have a situation and needed your best advise even if it is to leave the country immediately. I was working for company A and H1B and I-94 were both till January 2014. The company A filed chapter 7 and completely dissolved its assets and liability in February of 2013. My last valid paycheck was in the end of January 2013.

I continually work for another company, company B, with the similar business structure till last month without any H1B approval. Than I explain the situation to my lawyer who was involved from the beginning and she manage to get the DOL approved for the company B and now ready to file for H1B.

My questions are:

1. Will it be approved even though I managed to work 5-6 months without proper documentations?

2. Isn't the relationship between employee and employer ended immediately in this particular case?

3. what will be the future consequences as I have started the green-card process with company A but is still at a very initial stage of getting DOL (Perm) filed but got into an audit. Did not file the I-140 yet.

4. What should be the right course of action at this point?

5. Does it matter that my I-94 and H1B with company A is STILL valid till 01/01/14?

6. What is the repercussion for the company B who I have worked for 6 months without proper documentations and employer also aware of it but he needed my services very badly.



Any help and right advice in this regard will be highly appreciated.

[Nattybone]

Hello, Nirmila.

If i understand, there is no H1B payroll run for you after January 2013. Correct? As i understand, the visa becomes void the moment you are out of employment.

This is quite tricky. Please do engage an attorney for a discussion. This could be complicated.

Wishing you luck.

Cheers,

Hi there everyone,

I have a situation and needed your best advise even if it is to leave the country immediately. I was working for company A and H1B and I-94 were both till January 2014. The company A filed chapter 7 and completely dissolved its assets and liability in February of 2013. My last valid paycheck was in the end of January 2013.

I continually work for another company, company B, with the similar business structure till last month without any H1B approval. Than I explain the situation to my lawyer who was involved from the beginning and she manage to get the DOL approved for the company B and now ready to file for H1B.

My questions are:

1. Will it be approved even though I managed to work 5-6 months without proper documentations?

2. Isn't the relationship between employee and employer ended immediately in this particular case?

3. what will be the future consequences as I have started the green-card process with company A but is still at a very initial stage of getting DOL (Perm) filed but got into an audit. Did not file the I-140 yet.

4. What should be the right course of action at this point?

5. Does it matter that my I-94 and H1B with company A is STILL valid till 01/01/14?

6. What is the repercussion for the company B who I have worked for 6 months without proper documentations and employer also aware of it but he needed my services very badly.



Any help and right advice in this regard will be highly appreciated.

[nirmila]

Thank you so much. I think I have been out of status.

[Nattybone]

Did you have a chance to speak with an attorney?

I am not an expert but this is what i understand, this Company B, in order to transfer your H1B, will need 3 current recent pay stubs, which you do not have as your H1B payroll has not been run.

Also, if Company A is filing Chapter 7, how does it plan to support your Green Card? They need to have funds to support your future employment.

You can keep the discussion going on this Forum, there are some very learned people, who will be able to help.

Wish you luck, Nirmala.

Cheers,

Thank you so much. I think I have been out of status.

[nirmila]

Thankyou everyone for there support.
Actually, I did talk to one of the immigration attorney. He started scratching his head and ask me these crucial questions?
1) How did I manage to work for over 6 months without proper H1B?
2) why the new company didn't file it on time?
3) Why my existing attorney didn't perceive all that before and after the fact the company is going bankrupt and I need to expedite things fast, not after 5-6 months?
4) Company A even send a letter to USCIS about dissolving of it and yet the attorney able to produce LCA from company B?
5) Why the existing attorney guiding you in destructive path?

He plainly told me that "I'm out of status and almost heading towards where I can have serious repercussion towards my future entry to US. He further told me that I should packing up and the USCIS will eventually finds out and my process of green card with the company A and further case to apply for H1B is down to toilet.

I guess I dug my own hole.

[Nattybone]

Sorry, Nirmila.

This is a sorry situation to be in. You can maybe find a US Citizen and get married. Most convenient route to get a Green Card.

Sorry again.

Wishing you luck.

Cheers,

Thankyou everyone for there support.
Actually, I did talk to one of the immigration attorney. He started scratching his head and ask me these crucial questions?
1) How did I manage to work for over 6 months without proper H1B?
2) why the new company didn't file it on time?
3) Why my existing attorney didn't perceive all that before and after the fact the company is going bankrupt and I need to expedite things fast, not after 5-6 months?
4) Company A even send a letter to USCIS about dissolving of it and yet the attorney able to produce LCA from company B?
5) Why the existing attorney guiding you in destructive path?

He plainly told me that "I'm out of status and almost heading towards where I can have serious repercussion towards my future entry to US. He further told me that I should packing up and the USCIS will eventually finds out and my process of green card with the company A and further case to apply for H1B is down to toilet.

I guess I dug my own hole.