H-1 visa and the hiring company's responsibility?
Okay, so I am a foreign national who recently got hired by a consulting firm based contained by the U.S. They sponsored for my H-1 Visa application, but the application was not approved.( The U.S. Custom and Immigration Services uses a lottery system) So now i am left near a Student F-1 Visa OPT which runs out at the end of 2008. I have talked to the Human Resource personnel of my hiring company give or take a few possibly transferring me to one of the Overseas branches for a year so we could try applying for an H-1 visa again next year. However, they are saying it's hard to do.(not impossible. but they a short time ago don't want to make that commitment to a new, untested recruit) Now ..the company hired me knowing that I was a foreigner and that getting an H-1 visa is a crapshoot. But presently they are leaving me out to dry.
Can i sue them? I quit my old job for this investigational job, and they already replaced me so i cant even go back. I am , as you can believe, very pissed.
Answers:
Welcome to America!
I m sorry dude, i feel discouraging for you. As a foreigner, it is more important to think about ur status until that time making any move.
I mean what were you thinking? Even if your name picked up contained by H1 B quota, you wont be their employee until 1st Oct 2008 and during this period you will be working on ur OPT. So technically, u were never their member of staff until October. I guaranteed u that you didnt sign any document stating you are their employee....right?
so what are the grounds to sue them.... Just they make an offer and folder your H1....Sorry dude.. that doesnt work in America.
Anyway Lets move on...
you didnt mention what country are you from, so i can't suggest you to go rear legs to ur country and come back. Since coming back in US is not that uncomplicated if you are part of any Asia Continent. Since the H1b hope is completely vapourised until next year.. You have solitary 2 options open if you want to stay in US.
1. Start looking best competitive academy to go back to F1 once your OPT is expired.
2. Marry with US citizens while your OPT is valid.
Personal Opinion: I won't suggest route 2 since i m not in favor to make another mess if the things donot go right.
Option 1 is monotonous and expensive but you will keep ur esteem with and one day you would be proud to be a self made man.
Good Luck!
Has this company got any location in your home country? if so you could work there for one year and after they can transfer you on an L visa.
Applying for a H visa is not guarantee thing and if it got refuse it could of been refused at the originally company you worked for. Can you sue them? no you can not, they can not promise you a H visa it is dependent on your application.
Ok, you're angry and hurt, but what do you see as the basis for a lawsuit? They were liable to hire you, but the petition didn't make the cut on the lottery. Not exactly their fault. Congress established the quota. They offered you a position, they didn't ask you to marry them. How long would you expect a prospective employer to be willing to continue for you in this job market?
The merely real advice anyone can give you, is to gain over it and move forward. It's a setback, but only you will determine whether it's temporary or not. You've got another 7 months to work out a unsullied game plan. So, get your act together and bring on with it. Next time, don't give up your day position until the ink is dry on the approval stamp on your petition.
Not really the company's error, they were willing to hire you and paid plentifully of money (~$5000) for your H-1B cap case petition. If you don't get special in the lottery, there is nothing they can do nearly it. Companies are at the mercey of the immigration laws of the country with which they operate. You can't sue the company because the government would not grant you a work permit, they do not have any pull near that sort of thing. You shouldn't have quit your existing job until you be 100% sure that your H-1B was a done deal, that was a hugely bad move on your part. You could write your congressman or step for media attention, but that is about as much crack as you will be able to make with this situation.
I grain your pain though, I was in a similar situation this year, I have a TN visa for almost a decade until they finally denied my extension this year out of the blue because I was "using a loophole in the system"...even though my job description fit one of the exact category pursuant to NAFTA, Computer Systems Analyst. If it wasn't for the fact that I got very lucky beside the H-1B lottery (got reciepted and approved on April 23rd) I would have had to leave my unharmed life in the US behind and return to Canada.
Hopefully they will reshuffle the H-1B program next year, it is rediculous to see people's careers being ruined and companies missing out on knowledgeable talent because of unnecessary bureaucracy.
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Can i sue them? I quit my old job for this investigational job, and they already replaced me so i cant even go back. I am , as you can believe, very pissed.
Answers:
Welcome to America!
I m sorry dude, i feel discouraging for you. As a foreigner, it is more important to think about ur status until that time making any move.
I mean what were you thinking? Even if your name picked up contained by H1 B quota, you wont be their employee until 1st Oct 2008 and during this period you will be working on ur OPT. So technically, u were never their member of staff until October. I guaranteed u that you didnt sign any document stating you are their employee....right?
so what are the grounds to sue them.... Just they make an offer and folder your H1....Sorry dude.. that doesnt work in America.
Anyway Lets move on...
you didnt mention what country are you from, so i can't suggest you to go rear legs to ur country and come back. Since coming back in US is not that uncomplicated if you are part of any Asia Continent. Since the H1b hope is completely vapourised until next year.. You have solitary 2 options open if you want to stay in US.
1. Start looking best competitive academy to go back to F1 once your OPT is expired.
2. Marry with US citizens while your OPT is valid.
Personal Opinion: I won't suggest route 2 since i m not in favor to make another mess if the things donot go right.
Option 1 is monotonous and expensive but you will keep ur esteem with and one day you would be proud to be a self made man.
Good Luck!
Has this company got any location in your home country? if so you could work there for one year and after they can transfer you on an L visa.
Applying for a H visa is not guarantee thing and if it got refuse it could of been refused at the originally company you worked for. Can you sue them? no you can not, they can not promise you a H visa it is dependent on your application.
Ok, you're angry and hurt, but what do you see as the basis for a lawsuit? They were liable to hire you, but the petition didn't make the cut on the lottery. Not exactly their fault. Congress established the quota. They offered you a position, they didn't ask you to marry them. How long would you expect a prospective employer to be willing to continue for you in this job market?
The merely real advice anyone can give you, is to gain over it and move forward. It's a setback, but only you will determine whether it's temporary or not. You've got another 7 months to work out a unsullied game plan. So, get your act together and bring on with it. Next time, don't give up your day position until the ink is dry on the approval stamp on your petition.
Not really the company's error, they were willing to hire you and paid plentifully of money (~$5000) for your H-1B cap case petition. If you don't get special in the lottery, there is nothing they can do nearly it. Companies are at the mercey of the immigration laws of the country with which they operate. You can't sue the company because the government would not grant you a work permit, they do not have any pull near that sort of thing. You shouldn't have quit your existing job until you be 100% sure that your H-1B was a done deal, that was a hugely bad move on your part. You could write your congressman or step for media attention, but that is about as much crack as you will be able to make with this situation.
I grain your pain though, I was in a similar situation this year, I have a TN visa for almost a decade until they finally denied my extension this year out of the blue because I was "using a loophole in the system"...even though my job description fit one of the exact category pursuant to NAFTA, Computer Systems Analyst. If it wasn't for the fact that I got very lucky beside the H-1B lottery (got reciepted and approved on April 23rd) I would have had to leave my unharmed life in the US behind and return to Canada.
Hopefully they will reshuffle the H-1B program next year, it is rediculous to see people's careers being ruined and companies missing out on knowledgeable talent because of unnecessary bureaucracy.
Resolved Questions:
Canadians and Brit's how is your condition nurture?
I just want to know insiders opinions. In Canada it's good to some extend. We have free vigour care, but we have a moderate wait time when going to a clinic and highly long when going to the hospital. Family doctors are hard to find. Massive shortage of doctors, specialists, nurses, etc. Major surgeries such a hip...
Can i become a citizen due to two misdeamenors?
i was wrongfully accused of soliciting and i had a mobile charge which was very petty, just a push next to my hands. i was ticketed by the cops for both but did not go to incarcerate and was not convicted. my husband was an unofficial immigrant becomng legal and because he had been surrounded by...