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  • H1 quota

    Dear Sir,

    I was working in India with a software development company for 3 years before coming to US on Dec 2006 on H4.
    I applied for H4 to H1 this year through a indian consulting company and was approved with the start date to work as Oct 2007.
    I paid for all the H1 expenses. I have applied for SSN after the H1 is approved and have received the SSN card.
    My employer asked me to not look for any job as they are good in that.
    I have contacted them couple of times asking about the delay, they were saying economy is not good right now, I might have wait for some more time.
    The employer contacted me last week and gave 2 options so that his position is safe

    1. Resign from the company, resignation date should be Oct 1st 2007. He promised me that he will not cancel my H1 if I do this and his
    company will look for jobs

    2. They will lay off me and cancel the H1

    Which option should I take? I have read from these forums once the employer - employee relation ends, the employee
    will be out of status? so if I resign I will automatically become out of status. Can I ask my employer to give me pay stubs for Oct and November.
    I am ready to pay the expense but he said he cannot do that. Is there a way I can
    apply for H1 transfer without paystub? Is consular processing an option for me. Please advise.



    I am not interested in going to India now,but if there is no other way I am even ready to go there and change my visa to H4
    now my question is if my employer cancels my h1 ,and if I want to change from h4 to h1 will I be affected in the quota list?
    I am also trying to get an attorney in MA,if you know someone please give the details.

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