H1B Renewal

Old Nov 21st 2005, 6:01 pm
  #1  
Explicit
Guest
 
Posts: n/a
Default H1B Renewal

Hello,

Let me first tell you brief story to enable to explain my situation.

I had a job offer 2 years ago and the company filed H1B for me which was
approved. After 1st month of my job, the company start having some financial
trouble and stop paying me. It was a consultancy firm. 2nd month they told
me that they will call me when they will have work. They did not fire me
officially but they stop paying me. I start looking for another job but
could not find a suitable one who can file H1B. Now it has been almost 2
years and one year left for my visa expiration. In the mean time I have been
loosing money whatever I had brought from my country. Recently I got another
offer and the company is willing to file H1B for me.

I need to know, what kind of question immigation may ask me to renew the
H1B. Somebody told me you should have paid taxes. Since I did not get any
money from my previous employer, how I am supposed to pay taxes. I need to
know how many chances to get my h1b renewed in this situation so that I can
try to afford attorney fees. This is also a consultancy company and not
willing to pay attorney fees.

on the other hand, my wife was on H4 and she recently completed her
graduation. She also has a good job offer. Can we both apply at the same
time for H1B? Can she get a job on H4?

Thanks
 
Old Nov 21st 2005, 9:42 pm
  #2  
Forum Regular
 
Joined: Oct 2004
Posts: 36
dandc is an unknown quantity at this point
Default Re: H1B Renewal

Originally Posted by Explicit
Hello,

Let me first tell you brief story to enable to explain my situation.

I had a job offer 2 years ago and the company filed H1B for me which was
approved. After 1st month of my job, the company start having some financial
trouble and stop paying me. It was a consultancy firm. 2nd month they told
me that they will call me when they will have work. They did not fire me
officially but they stop paying me. I start looking for another job but
could not find a suitable one who can file H1B. Now it has been almost 2
years and one year left for my visa expiration. In the mean time I have been
loosing money whatever I had brought from my country. Recently I got another
offer and the company is willing to file H1B for me.

I need to know, what kind of question immigation may ask me to renew the
H1B. Somebody told me you should have paid taxes. Since I did not get any
money from my previous employer, how I am supposed to pay taxes. I need to
know how many chances to get my h1b renewed in this situation so that I can
try to afford attorney fees. This is also a consultancy company and not
willing to pay attorney fees.

on the other hand, my wife was on H4 and she recently completed her
graduation. She also has a good job offer. Can we both apply at the same
time for H1B? Can she get a job on H4?

Thanks
I think this is called 'benching' and is not allowed under the rules of the H1-B. And since you have been 'on the bench', so to speak, for nearly two years I would think it would cause a problem with your transfer because you have to present the last two or three months of paystubs with your transfer application.

Kevin/Crg/any other expert - am I right in saying this?
dandc is offline  
Old Nov 21st 2005, 11:16 pm
  #3  
Telecom
Guest
 
Posts: n/a
Default Re: H1B Renewal

I think it has been little changed. As long as you have relationship with
the employer you are in status. It does not matter if he is paying you or
not. If you can afford living without a job or not earning from other than
your H1B. You may be on strike or leave with or without pay. I am not an
attorney, but what I have understood from INS website.
Hope I am right.

"dandc" <[email protected]_expats.com> wrote in message
news:[email protected] m...
    >> Hello,
    >> Let me first tell you brief story to enable to explain my situation.
    >> I had a job offer 2 years ago and the company filed H1B for me which
    >> was
    >> approved. After 1st month of my job, the company start having some
    >> financial
    >> trouble and stop paying me. It was a consultancy firm. 2nd month they
    >> told
    >> me that they will call me when they will have work. They did not fire
    >> me
    >> officially but they stop paying me. I start looking for another job
    >> but
    >> could not find a suitable one who can file H1B. Now it has been almost
    >> 2
    >> years and one year left for my visa expiration. In the mean time I
    >> have been
    >> loosing money whatever I had brought from my country. Recently I got
    >> another
    >> offer and the company is willing to file H1B for me.
    >> I need to know, what kind of question immigation may ask me to renew
    >> the
    >> H1B. Somebody told me you should have paid taxes. Since I did not get
    >> any
    >> money from my previous employer, how I am supposed to pay taxes. I
    >> need to
    >> know how many chances to get my h1b renewed in this situation so that
    >> I can
    >> try to afford attorney fees. This is also a consultancy company and
    >> not
    >> willing to pay attorney fees.
    >> on the other hand, my wife was on H4 and she recently completed her
    >> graduation. She also has a good job offer. Can we both apply at the
    >> same
    >> time for H1B? Can she get a job on H4?
    >> Thanks
    > I think this is called 'benching' and is not allowed under the rules of
    > the H1-B. And since you have been 'on the bench', so to speak, for
    > nearly two years I would think it would cause a problem with your
    > transfer because you have to present the last two or three months of
    > paystubs with your transfer application.
    > Kevin/Crg/any other expert - am I right in saying this?
    > --
    > Posted via http://britishexpats.com
 

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