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Have INS approval- but meanwhile laid off by the sponsor

Have INS approval- but meanwhile laid off by the sponsor

Old May 23rd 2001, 10:01 pm
  #1  
Bemal Kosnaw
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I am in a curious situation and as I know only little about the H1 jungle I hope that
someone can help with some clarification.

Here is the situation:

I was employed by a US based company with offices in Europe and was working in
Europe. They wanted me to come to the US so they filed a H1 application for me. Now I
just received the approval from the INS, sent by my employer to me but the point is I
was laid off inbetween (with 11 others in our European team) and officially I am with
the company further 2 weeks. They have told me to go to the Embassy and apply for the
visa (I don't know whether the immigration department is not aware of me being laid
off or is it normal). Is it possible still to get such a visa from the Embassy and
later coming to the US and have it transfered to another employer? Would it be easier
for the next US employer to give me a job because he has no or less problems than
starting the H1 application procedure from scratch?

The bottom line is: Do I have any benefit from the current INS approval or do I have
to go through the whole procedure again if I wanted to work in the US (so finding an
employer who sponsors H1 visas, file the application, hope getting an approval,
getting the visa and then coming to the US?)

Any related information is higly appreciated.

Regards, Bemal
 
Old May 29th 2001, 6:30 am
  #2  
Sea J.
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Hi,

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It seems that there is no coordination between the US offices and Europe offices.
When the European office laid off workers, they ought to have informed the US office
so that they can get the visas cancelled.

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The consulate/embassy will obviously not be aware of it. You can't expect a consulate
to keep track of hundreds of thousands of people. However, when you apply for an H-1B
visa stamp at the consulate, they are sure to ask you a few questions about the
company and the job. For example, they might ask you about the company's business,
clients, number of employees, types of projects, etc. They might also ask you what
type of work you will be doing, what will be your role, etc. These are routine
questions. But in your situation, there is no way you can answer these questions
without lying. Obviously, you are not going to USA to work for this company. Thus,
you will be lying to the consulate. Don't do it. It is fraud.

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You might be able to get the visa if you lie (see above). You might also enter the
USA by lying again at the airport. But what will you do here? Without a job, how will
you survive? It may take you several weeks to get another job.

But these arguments are moot, because all this is not possible. You should not lie to
the consulate and to the immigration officials at the airport.

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No. The process is the same. The new employer will have to file exactly the same
forms and it will take, more or less, the same time.

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That seems to be the most safer and ethical way to go.

What would you gain by entering the USA without a job? You could try talking to the
parent company in US if they can have you there. That seems to be the only
possibility.

HTH some, Sea J.
 

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