Legal Question in Immigration Law in California

H1B status

I am on H1B visa of company X. I am being told verbally by my company X on april 30,2009 that there is no more salary from the next day. There is no termination or resignation letter officially as of today may,24,2009. I know that I am out of status technically. What are my options now to stay in status, also to bargain with my company. They are hinting to me that they do not have money to pay even for my insurance or payrolltax . Should I send a official resignation letter now and claim my may's salary now? Or should I complain to DOL ? Pls reply


Asked on 5/24/09, 3:47 pm

3 Answers from Attorneys

Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

Re: H1B status

An employer is not permitted to bench an H-1B alien due to lack of work. Such employer is required to pay until such time as the H-1 petition is withdrawn by the employer.

I would be happy to help you out if you contact me offline. Check me out at http://www.yardum-hunter.com, fill out a consultation request there at http://www.yardum-hunter.com/Main/Consultation.asp or email me at [email protected]. Until then, please don't rely on this as legal advice.

Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

ST: 15915 Ventura Blvd., Penthouse #1, Encino, CA 91436

EM: [email protected] WEB: http://www.yardum-hunter.com

A �Super Lawyer� 2004 � 2009, Los Angeles Magazine

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Answered on 5/25/09, 12:21 am
Joseph La Costa Joseph La Costa, Attorney at Law

Re: H1B status

You really should consult an Immigration Attorney, because there are many ways to get residency, some of which you may already have. This matter is complex and you should not try to do it yourself so you should get an attorney to discuss your options. If you are located in Southern California, you can email me your contact info, so we can discuss your particular situation. There is no charge for consultation

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Answered on 6/11/09, 2:16 pm
Ellaine Loreto Law Offices of Ellaine Loreto

Re: H1B status

If your employment has not been terminated, you should still be in legal status.

Depending on your circumstances, there may be other options for you to stay in the U.S. For example, if you are married to a US Citizen or Legal Permanent Resident, a green card petition may be filed by them for you. Or you may be able to find another H1B employer to sponsor you, depending on the job description and other requirements.

To discuss your specific case further, kindly email me directly at [email protected].

Note: The above response is provided for information purposes only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.

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Answered on 5/26/09, 2:58 pm


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