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  1. #1

    Default H1B Extension Notice but Job Terminated, Complicated Case

    To explain my situation
    1) My medical fellowship job terminated 09/04/08 while my H1B status was till 09/30/08
    2) The current employer had applied for the extension/ change of status, and the notice was sent out by USCIS 09/03/08 for a start date from 10/01/08
    (by the same employer only - the termination was a mistake due to loss of paperwork due to flooding in the office and they were changing me from traineee to faculty, I was supposed to be on leave without pay from 09/04/08 - 10/01/08)
    3) Hurricane came and everything closed down. Now on 10/30/08 our international office is saying that since I was terminated (by mistake though) 09/04/08 and had a break in employment, I have to leave the country and I can not start work till the actual H1B Approval comes
    Qs
    1) Can I just resume work since the H1B portability timing is good. I applied before the termination and I have received the notice.
    2) Do I have to wait for the H1B approval to come before I can start work and do I have to leave the country
    3) Can I get another job and get premium processing done and quickly get myself in the legal status.
    Thank you for your help.

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: H1B Extension Notice but Job Terminated, Complicated Case

    See if your employer will apply for premium processing for your renewal.

  3. #3

    Default Re: H1B Extension Notice but Job Terminated, Complicated Case

    They are ready to reinstate me for work but now they are saying since I had a gap in employment then I should leave the country and get a stamp and then come back. On other hand they are willing to back date and place me on leave without pay from October 1st, but they are unable to find an excuse from Sept 4th - Oct 1st when they can not show employment for me. So per them in order for me not to face trouble later on when I am applying for green card they are saying I should leave country and then stamp my passport and then come back. But for me going to my home country is not an option when the embassy gets closed on and off and the security clearance can take forever.

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