DHTML Menu / JavaScript Menu Powered by Milonic
Already a member? Sign In

Village Journals help
Resonate your identity with Naseeb journals. Express your opinions, share your thoughts, post your writings and connect with like minded people through the power of expression.

Immigration Related Info


A friend of mine, who was on an H-1 visa, recently got laid off from his job. He was asking me about what his options were to work for another company in the US, and how they might sponsor him (issue another H-1, or be able to use the old one). I'm afraid I'm not too well versed about these rules. Do any of you know people who were in a similar situation, and how they were able to resolve it? Thx.
 

Add Comments

 
Add
 

  Comments on this journal

Login to find out (July 5, 2005 at 11:12pm)
Thanks. I'll let my friend know.
 
Login to find out (July 5, 2005 at 10:07am)
Technically, the INS no longer exists, as all immigration processing is now done by the Department of Homeland Security. I am an immigration attorney in the Northern VA area. Please feel free to e-mail me here on Naseeb, and I'll can see what I can do.
 
Login to find out (July 4, 2005 at 9:48pm)
Here's a quick update on my friend's predicament. I thought that it might be of interest to some people if they knew others that were in similar situations. The American Competitiveness in the 21st Century Act (AC21) signed by Clinton in 2000 introduced a provision called 'portability' for H-1B visas. Portability allows an H-1B worker to start work immediately for a new employer as soon as a change of employer petition is filed. Previously, such petitions had to be approved by INS in order to start work for the new employer. However, the rules are very vague for laid off H-1B employees. Initially, the state dept released a memo suggesting a grace period of 60 days, but that was never implemented. Currently, the INS evaluates these petitions on a case by case basis. Therefore, a laid off H-1B worker should immediately contact a good immigration lawyer.
 
Login to find out (June 19, 2005 at 11:32am)
If he was laid off, he has 30 days from his last day of work at Company A to find a job, before the validity of his HA expires. H1 Visas are easily transferable, provided that the new company is willing to pick up the $1500-$2000 transfer fee (this fee may also already include the lawyer fee).

Ask your friend to search The Washington Post for jobs as well as employment agencies in the area. Another good site is also Craigslist.org, under the Jobs category.
 
Login to find out (June 17, 2005 at 3:04pm)
Thanks Sitara. My friend was working as a network administrator at a small IT consulting firm. The DC job market seems to be better this year than last. I'm guessing that he was more interested in how the new company would be processing his paperwork, i.e., whether he could use his existing H-1 visa to start working for the new firm (I think)? I was inquiring whether anyone knew people in similar situations and what course of action they took.
 
Login to find out (June 17, 2005 at 2:19pm)
what kind of work does your friend do? i know people here and there who are hiring for some things. dunno about imigration law and how that works..try asking hmcq (haseeb)- he might be familiar with what you are asking for. hope that helps.