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Notice received but Job ended. Told to leave USA

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  • Notice received but Job ended. Told to leave USA

    I am deeply concerned about one matter and was hoping if anyone can advice me.

    To explain my situation
    1) My medical fellowship job terminated 09/04/08 while my H1B status was till 09/30/08
    2) Extension/ change of status notice was sent out by USCIS 09/03/08 for a start date from 10/01/08 (by the same employer only - the termination was a mistake due to loss of paperwork due to flooding in the office and they were changing me from traineee to faculty, I was supposed to be on leave without pay from 09/04/08 - 10/01/08)
    3) Hurricane came and everything closed down. Now on 10/30/08 our international office is saying that since I was terminated (by mistake though) 09/04/08 and had a break in employment, I have to leave the country and I can not start work till the actual H1B Approval comes
    1) Can I just resume work since the H1B portability timing is good. I applied before the termination and I have received the notice.
    2) Do I have to wait for the H1B approval to come before I can start work and do I have to leave the country
    3) Can I get another job and get premium processing done.

  • #2
    If I understood what you say here, the office that told you to leave US is doing the right thing and guiding you properly and following the law as required.

    Any gap in H1b status does not allow one to avail of the portability law.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.