Re: H1B VISAS (fwd)

[Adam Turoff <ziggy@panix.com>]

----- Forwarded message from owner-phl@lists.pm.org -----

From: Meng Weng Wong <mengwong@pobox.com>
To: phl@lists.pm.org
Subject: Re: H1B VISAS

his 6 years weren't up.  he had another 2 left when his
employer went undef ... and, unfortunately, i think we all
know what happens when your refcount goes to 0.

according to him, he then had 1 week to attach to a new
employer before his h1b became invalid.  this didn't happen.

H1B regulations are pretty strict on this point:

   Changes in Employers of the H1B Employee:

   An H1B visa is employer specific. In other words, an H1B
   visa is approved for an H1B visa holder to work for the
   specific employer who petitioned for the H1B visa. An H1B
   visa holder who stops working for the employer who
   petitioned the INS for the H1B cannot work for any other
   employer unless the new employer has petitioned properly
   for an H1B visa for the candidate, however, this
   situation is fraught with potential problems and should
   only be done under the direction of an attorney.

   Termination of H1B Employees:

   If an employer terminates the employment of an H1B visa
   employee, that H1B visa employee may not work for any
   other employer (see above). Further, an employer who
   petitions for an H1B visa holder is liable for the cost
   of return transportation to the H1B visa holder's country
   of nationality at the time that employment ceases. This
   is true whether the H1B employee is terminated by the
   employer or self terminates. The INS has indicated that
   it will not enforce this provision against employers,
   however, violations may be reported to the DOL for
   appropriate action.

   There is only one way in which an H1B visa holder may
   remain lawfully in the U.S. after H1B employment has
   ceased. An attorney should be consulted for more
   information on this possibility.

http://www.dcimmigration.com/h1bquest.htm

On Wed, Oct 04, 2000 at 09:03:45AM -0400, Rachel King wrote:
| What is the green card process?  How long does it take to apply for one?
| I would think that by the time the 6 years was up, he could have gotten a
| green card by then and could stay.

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