Fired on H1 yesterday - Need immediate help

[sundar7767]

Dear friends,

Myself and my wife are working for a company on a full time basis on H1B,We need to work for a minimum of 36 hours per week inorder to keep our insurance active. But since we have been preparing for some licensing exam, we just worked an average of 26 hours/week, later the company cancelled the benefits and asked us to be on COBRA,,,we just got frustrated and i happened to argue with the benefits department in order to revert back my regular insurance.

In this process i happened to end up with some argument with my company attorney, where , he got irritated and asked my boss to fire me, and then I was fired the next day, ie yesterday….but my wife still holds her visa, the company has not disturbed her….

But still the company has not given me anything in writing,,,,but my boss told me to leave the office…

Now, I can get a job in next 10-15 days, but the company attorney is now threatening me that he will only give me 10 days time, then he wants me to take either of the 2 options.

a. He will cancel my visa and send me out of US
b. I can change my status to H4 under my wife…

I am totally confused, as they are not ready to even give me time to look for a job…..

What can I do in this situation, how can I maintain my H1 status???

Your immediate assistance at this point is appreciated.

Regards,
Sundar

[txh1b]

Irrespective of them giving time, you fall out of H1b status the last day of your job (as per the law) or in easier terms, your last paycheck date.

Your company has to pay you the return fare to your home country as per the law as they removed you from the job.

Two options.

1. Take a free trip on your company's expenses to your home country, apply for a H4 visa, return.

2. Apply for a COS to H4 immediately, it could take 2-4 months for processing. You can look for a job meanwhile and if you find one, file for the H1b transfer. Read about "bridging" on the forum.

[Subramanya]

Myself and my wife are working for a company on a full time basis on H1B,We need to work for a minimum of 36 hours per week inorder to keep our insurance active. But since we have been preparing for some licensing exam, we just worked an average of 26 hours/week, later the company cancelled the benefits and asked us to be on COBRA,,,we just got frustrated and i happened to argue with the benefits department in order to revert back my regular insurance.

In this process i happened to end up with some argument with my company attorney, where , he got irritated and asked my boss to fire me, and then I was fired the next day, ie yesterday….but my wife still holds her visa, the company has not disturbed her….

But still the company has not given me anything in writing,,,,but my boss told me to leave the office…

Now, I can get a job in next 10-15 days, but the company attorney is now threatening me that he will only give me 10 days time, then he wants me to take either of the 2 options.

a. He will cancel my visa and send me out of US
b. I can change my status to H4 under my wife…

I am totally confused, as they are not ready to even give me time to look for a job…..

What can I do in this situation, how can I maintain my H1 status???

Your immediate assistance at this point is appreciated.

---- Long story short. Apply for H4 immediately with your wife as the principal applicant. In the meanwhile search for a job and transfer your h1 or do a COS from H4 to H1. You are very lucky to have aspouse who has H1. Good luck and best wishes

Subramanya

Subramanya

[sundar7767]

Dear Friends,

thank u for the immediate response...actually when we go for COS from H1 to H4, you guys meant its going to take 2-3 months,,,in the meantime if i get a job within 30 days, what should i tell my new employer about my status.....is it going to be H1 or H4.....

and at this time will a transfer to H1 with the new employer can be done even if i have file for COS to H4.

What will happen to my SSN #??? will it be effective or i will loose it??

immediate response is appreciated.

Thanks

[Subramanya]

thank u for the immediate response...actually when we go for COS from H1 to H4, you guys meant its going to take 2-3 months,,,in the meantime if i get a job within 30 days, what should i tell my new employer about my status.....is it going to be H1 or H4.....

and at this time will a transfer to H1 with the new employer can be done even if i have file for COS to H4.

---- Yes, you can file a h1 transfer. The COS to H4 application can be withdrawn. It is better to keep both tha pplications alive, in case the H1 transfer is denied, you still have H4

What will happen to my SSN #??? will it be effective or i will loose it??

---- SSN is permanent for your lifetime. Nothing changes. Your authorization to work is through your H1 petition

Subramanya

[sundar7767]

Dear Friend,


Thank you so much for ur reply....Now i am able to get some relief...

I think i will manage the situation....

Whatever information u have provided really keeps me alive...

Thanks a bunch!!!
Sundar

[sundar7767]

Dear Friends:

Have come up with a new situation. Since my wife and myself are with same company. I am worried. The attorney who fired me has asked me to call coming Thursday and confirm whether, i have found a new job or not, then he has given 2 options as i mentioned before:

1. cancel my H1
2. Put me on H4 under my wife

But i am worried he might trouble me to any extent. Suppose if without my knowledge, if he cancels my H1 instead of changing to H4....

what will be my situation, will it be possible for me to go back to home country and get back again on H4...and then change to H1, ie as out of CAP.

or

is it better, i go for change of status to H4 through a private attorney even before i talk to him next thursday, so i am already safe....

your immediate advice is highly appreciated.

Regards,
Sundar...

[txh1b]

Do yourself a favor. Fill out form I539 to change the status to H4 following instructions on immihelp and send the paperwork to USCIS ASAP. It does NOT matter when the H1b is cancelled, you are out of status the day you lose your job. Based on that you are already out of status and the sooner you send out your application for COS, the safer are the chances of it going through.

Other options have been already discussed on the thread. Go through it and do some reading.

[txh1b]

Dear Friends,

thank u for the immediate response...actually when we go for COS from H1 to H4, you guys meant its going to take 2-3 months,,,in the meantime if i get a job within 30 days, what should i tell my new employer about my status.....is it going to be H1 or H4.....

and at this time will a transfer to H1 with the new employer can be done even if i have file for COS to H4.

What will happen to my SSN #??? will it be effective or i will loose it??

immediate response is appreciated.

Thanks

If you find a job in 30 days, technically, you are not on H1b status and you cannot use AC21 to begin your new job. It means you have to wait for the approval of H1b before you can begin the job. It is suggested that you have the H1b processed as a premium processing case to avoid problems.

Did you search and read about "bridging" on the forum? You need to do that.

[sundar7767]

Dear Friend,

Thank you for the reply.....As per your advice, i will file tomorrow for COS, so if i am finding another job in next 10days, do i have to tell my new employer, i am not on job and filed for COS to H4...

or

is it like i can just do a regular H1 transfer with the new employer, ie most probably they will do premium processing, and then i will go and withdraw my COS for H4....so that my new employer dosent know i am fired...and went on for COS...


But even if i have to tell my new employer that i am on COS to H4, i can just do that,,,

Your immediate help is required.

Best Regards,
Sundar

[txh1b]

Your wish if it happens in the next 10-15 days. You can do whatever is appropriate.

[sundar7767]

Dear Friend:

Thank you so much for your great support and timely advice.

thanks a bunch again!!!

Regards,
Sundar

[sundar7767]

Dear Friend:

I am processing the I539 through an attorney, i dont want to take any chances,,,,,

anyway, if something happens like my company attorney revokes H1 even before my i539 gets filed,,,what will happen???

I will go back to my country? Can i comeback in H4 and still be out of CAP, if i find a new job???

Also the company is now claiming without any base that I QUIT, rather than they FIRED ME....i am sure its to get back all my relocation package,,,
i am also doubtful, will there be any legal issues for the company in this case if they FIRE ME without any reson or base...

Your response is highly appreciated. Will keep you updated.

Regards,
Sundar

[txh1b]

You are asking the same questions that have been answered before.