Employee

Employees working in USA

H-1B Advisor

The elaws Advisors are interactive e-tools that provide easy-to-understand information about a number of federal employment laws. Each Advisor simulates the interaction you might have with an employment law expert. It asks questions and provides answers based on responses given.

Both employees and employers can benefit from elaws.

DOL OnlineTool clarifies rights and responsibilities under H-1B visa program

OASP News Release: [05/13/2010]
Contact Name: Lina Garcia
Phone Number: (202) 693-4661
Release Number: 10-0563-NAT

US Labor Department unveils new tool to help employees and small businesses understand foreign worker certification

Online advisor clarifies rights and responsibilities under H-1B visa program

Guestbook Entry for RAMA VENKATA PRATAP CHERUVU, United States

Name
RAMA VENKATA PRATAP CHERUVU
Country
United States
State
WASHINGTON
Comment

I received  my H1B Extension as well as my wife’s extension of stay with Rena Waddell, Law Offices of Rajiv S. Khanna, P.C. Rena Waddell is an expert on immigration laws and we never got any problem or incompletion about the paperwork done under her supervision. She is  very co-operative and would return calls & emails promptly.  We are greatly pleased with her as far as her professionalism, courtesy and promptness throughout my H1B Renewal Process. We are very Thankful to Rajiv and his Staff.

AC21 and losing job

Question details

I am EB2 priority date Sep2005. I had lost my job in Apr 09. I started working on Dec09 with another company similar job description, in same geographic location and with 15% higher salary than labor approved. I was out of job for almost 8 months.My old employer has assured not to evoke approved I140 (more than 3 years since I 140 is approved)

I have few questions:

1.Shall I file for AC21?
2.is it advisable to send copy of current paystunb with AC21, If yes how many months?
2.Is it okay to file AC21without paystub for around 8 months?
2.If I dont file for AC21, will there be an issue travelling on AP at POE?

AC21 should be filed. The fact that you were out of job for 8 months is irrelevant. As long as the jobs are same or similar, you should have no issues.

Out of Status

Question details

How many months gap is permisible for H-1 and also in GC process if person is on H-1 ?

I mean to say supposse one H-1 holder lost his job and if he got another job after 02 months ( Gap of 02 months ) then his H-1 and GC process will be effected ? His last co. is supporting by keeping her I-140 as such ( no revock )

(Condition: Person has H-1 and his I-140 was also aproved in last co. but due to some reason she left job and would like to join another co. on 3rd month, say after 02 months and would like to file H-1 in this new company )

A gap of even one day (unless excused by USCIS) puts a person out of status and is not permitted. When you leave a sponsoring employer, it certainly calls into question the continuity of existence the green card job'