Hi all,

My H1B petition(already approved) filed by an IT company starts from Oct 1st as it does for everyone.However,the company says that it will terminate H1B petition,if I won't be able to get a project by mid-November.What they argue is the h1b will be invalid( or I would be out of status) in two months from Oct 1st,if the bearer particularly who is already in the US(graduated from US) won't find any project within that timeframe.Is my company telling the truth or something going on from backyard?

If they are telling the truth,what could be the best solution for this situation?

Any suggestion/solution regarding this will be highly appreciated.Thanks!

Well they should run your pay roll till you get placed. If now, you are working for a cheap company. Go back to school and study till may. Re-apply next May.

good luck

Hi,

This is the continuation from my previous posting.As I mentioned,my H1B has started from last month.This desi company seems to have no confidence to find a project for me.As of now,no project,not even a single interview....no paystubs.Time is running out.At this point,what I feel is I must look for alternatives.What could be the feasible alternatives?

One could be -go back to school.But I am wondering how I would do that ,provided my H1B has already started.I have heard that if I cancel H1B,then it takes 2/3 months to process the application.What happens to my status  during that period?Can I start my study from this spring 2009,if I find school?Can my prospective school issue I-20 before I cancel H1B?In addition,I have my family accompanying me here in the US.What happens to their status,provided that their H4 petition is still pending with USCIS?

Any information/suggestion regarding this will be highly appreciated.Thanks in advance!

Talk to them what are they going to do with you. Atleast get your payroll running till Dec. When you can get an I-20 and start school from Jan.

Sorry to hear about your situation, but its no mystry that the mkts are bad. Also talk to a school DSO. I am not sure, but if guess if you get an I-20 approved from Jan, and if the company runs your payroll till Nov u should be fine.

So 4 words,

JAN-I20-PAYROLL-NOV.

Talk to your company first, if they agree then you are fine, if not

2) GET  your I-20

2a)If you get it (i 20), tell your dhoti that you will inform USCIS if they dont run your payroll and they will have to pay you as well.

2b) if you dont get the I20, ----you are in deep shit and someone more knowledgeable is needed to help you.

 Today,I talked to my so-called employer.He said I would be fine until the end of Nov,but after Nov,they gonna cancel my H1B.I requested,being quite calm,if he can keep my h1b and employment open until the end of December,he refused.I tried to negotiate,but still he denied.What would I do or what will happen,if he cancels my h1b starting from Dec 1st or so?I think i would be out of status right away,wouldn't I? Do i have grace period to pack up or make travel arrangement back to Nepal? Pls share  your thought.

By the way,MN_Nepali,what would happen,if they don't run payroll for Nov in terms of I-20 issue?

Hi Superexchange ,

I am in the same situation like you are.I've my H1 b effect oct1 08 but no job. there is no trainings or marketing from my employer but they hold my original H1 paper so that if I get job on my own they can make some money. I tried to go through some interviews on my own  but its not helping . I've tried jobs in my own field as well as in computer related but no success at all. Regarding your question even if your dhoti dont run your payroll you would still be in status. there is no direct relation between INS and IRS (but there might be problem while filing green card).