Job Terminated Before my H1-B Start date Oct 1, 2013

[thakar 0]

Dear All,

I am in very critical situation as currently I am in India and my H1-B stamping has been just done on 12 Sept 2013 and then my Student Visa & STEM OPT which was valid until August 2014 was cancelled with comment "CANCELLED WITHOUT PREJUDICE".

I AM DESCRIBING MY SITUATION AS BELOW.

Due to some unforeseen personal circumstances, I have to visit India and traveled on August 24,2013 and due to my Visa status I can not work into USA before October 1, 2013. I have discussed all this situation in detail with my Manager and he allowed me to work from India after one week of leave if my his Manager agree but I did not hear anything until August 23, 2013 from Scott. On the day I reached to India, August 27, 2013 I got email from my manager's manager that you won't be working from home and until Sept 30, 2013 you will be on leave.

I have responded back to manager's manager that I agreed with his decision. Today morning, Sept 27, I got email from my manager's managers that, my services in comapnay are no longer needed.

Because of this email, I am in the situation that, company have first sponsor me for H1-B visa which I have just stamped on Sept 12, 2013 & its effective start date is Oct 1, 2013. Because of this sponsorship I have lapsed my student work permit which was valid till August 2014.

Now company has terminated my job and as a result sponsorship and I am in situation that I am not able to re enter into USA.

When I have called my manager he told me that, my manager's manager is not satisfied with my performance where as I have been never notified for my poor performance. I have always try to learn new things and always approached senior.

I would expect to at least informed about my poor permanence even if it is, but that was most of the time recognized and I had in impression that I am learning & enhancing my skill. If I am not qualified for the position, I am not asking for reinstate my job in company, but just some probation period through that I can enter into USA and change my visa status and find the job &save my career.

If my manager's manager want to terminate my Job, he can told me on August 27, 2013 email but he only told that you will be on leave until Sept 30, 2013. If he told earlier, on August 27, 2013 so I did not go to H-1B stamping and can preserve my student status. But he had put me in very critical situation that company had sponsor first, I got new visa by terminating my already valid student visa. And now he has terminated my Job and as a result new H1-B Visa , right to stay and work in USA.

Where should I go ?

I have already booked my itinerary for Sept 29, 2013 but because of my manager's manager email I am not sure whether I can enter or not into USA. Please let me know what should I do? Can I go legal for this termination, as he should terminate my job on August 27 email before my H1-B stamping.

Thanks to read my situation and your concern.......

[jan22 3,056]

I have already booked my itinerary for Sept 29, 2013 but because of my manager's manager email I am not sure whether I can enter or not into USA. Please let me know what should I do? Can I go legal for this termination, as he should terminate my job on August 27 email before my H1-B stamping.

Thanks to read my situation and your concern.......

You can NOT legally enter the U.S. on your H1B visa since there is no longer a job available to you and you know that. The company has likely notified USCIS that the position offer has been withdrawn -- if you try to enter saying you are coming to work for that company, you will be committing fraud and will likely get caught. That could result in a lifetime ban on visas for the U.S. The only think you can do it look for another employer (from India). If you find a new position, you would then need to apply for a new visa.

[aaron2020 11,651]

Your H1-b visa is tied to your employer. When your employer terminated your employment, your H1-b visa became invalid.

If you use your H1-b visa, you will be committing visa fraud. You can expect to get a lifetime ban from the US for making a Material Misrepresentation.

The only thing you can do is to reapply for your student visa.

[canadian_wife 1,822]

I am sure your previous employer contacted USCIS when they terminated your employment to deactivate your H1B (similar to when you stop going to school, the school is obligated to report it).

Sorry, you cannot enter the US. Many states in the US are 'right to work' states. These mean that they do not need to give you a reason for termination of employment, nor do they need to inform you of poor performances. What state was your job in?

Good luck

[Darnell 8,478]

If you wanted to use your STEM OPT, you should have done that, instead of pursuing a H1-B visa.

Now that your employer has backed out, your STEM OPT is no longer available to you.

Which of course, sucks .

You claim it critical, I suggest to you it was improper planning, instead.

[Morningmist 76]

Or transfer the H1B under a new employer. Frankly with your already approved H1B visa you might actually get hired easily in India since H1Bs are kind of slim pickings these days.

http://forum.murthy.com/index.php?/topic/63197-is-it-possible-to-process-an-h1b-transfer-on-an-unused-visa-will-it-be-cap-exempt/

Since your petition was approved and you never entered the US using this petition ( you were technically never on H1 status) you could find another employer and transfer it and they will may be able to apply it as cap exempt.

Under NO circumstances should you board that plane on September 29th and come here without a job. Since you were technically on OPT, your company was under obligation to terminate your status with your schools International student union and let USCIS know. Which I am sure they did before they even let you know. You still have a legal means to rectify this while in India. Once you come here without a job, you will be committing fraud and then your career will truly be over. At least in the US.