Deevibe

hello,
thanks in advance for answering. I had an H1B for 3 years until 2001 and was
part of a layoff at the end of that year. The company had applied for an
additional 3 years of an H1 for me, which I received pretty much together with
the layoff. I left the country within 2 months and then returned a month later
to attend graduate school on an F-1 visa. Now my former employer may hire me
again. Do I have to file all over again or do a transfer? (the H1 I had
received would be valid until the end of 2004). Also, does it make a
difference if I am hired by another employer?

Thanks again.

Ingo Pakleppa - See Web Site For Email

On Fri, 29 Aug 2003 00:55:02 +0000, DeeVibe wrote:

    > hello,
    > thanks in advance for answering. I had an H1B for 3 years until 2001
    > and was part of a layoff at the end of that year. The company had
    > applied for an additional 3 years of an H1 for me, which I received
    > pretty much together with the layoff. I left the country within 2
    > months and then returned a month later to attend graduate school on an
    > F-1 visa.

Within two months? You may have been out of status, be a bit careful
there.

    > Now my former employer may hire me again. Do I have to file all over
    > again or do a transfer? (the H1 I had received would be valid until the
    > end of 2004).

Assuming that your employer did not withdraw the H-1B petition (they were
supposed to), and that it is actually the same job, yes, you can use the
old one. Do be aware that you will have only about two years and some
months left, rather than the usual six years.

    > Also, does it make a difference if I am hired by another employer?

Another employer would have to file a new petition for you, and you would
have to wait for the approval before you could start working there. Other
than that, no difference.

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Deevibe

thanks for the reply. why could i have been out of status? i thought there
was a 60 day rule after a situation such as a layoff to leave.

also, how can i find out if/when they withdrew my H1?

thanks

Ingo Pakleppa - See Web Site For Email

No, that is an urban legend that is very hard to kill.

It used to be that legacy INS forgave being out of status if you didn't
immediately find a new job, and the rule of thumb was that they would do
that up to about 60 days.

Note that it never was LEGAL to do this - they merely had the authority to
forgive you for such a thing. In reality, your status ended the day after
your employment ceased.

However, about a year or two ago, shortly after 9/11, legacy INS announced
that they would now use a zero-tolerance policy.

The only way to find out if they withdrew the H-1 is by asking the old
employer. However, that information is really immaterial for you - the
date that counts for you is the last day you actually worked there (not
even severance counts in this context).

On Sat, 30 Aug 2003 03:35:48 +0000, DeeVibe wrote:

    > thanks for the reply. why could i have been out of status? i thought
    > there was a 60 day rule after a situation such as a layoff to leave.
    >
    > also, how can i find out if/when they withdrew my H1?
    >
    > thanks

--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml

Please visit my new FAQ at http://www.kkeane.com (always under construction)

My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.

Now with new photos! Please feel free to enjoy some of my photographs at my
new Web site http://www.ingopakleppa.com ! Comments are welcome.