ASK VISALAW.COM Each week we answer questions provided to us by Y-Axis as well as from our web site’s message board. Y-Axis is an H-1B jobsite that provides a direct interface for the H 1B holders and aspirants with leading Consulting Firms and US End-Clients/Recruiters. The website is www.y-axis.com.
I am on an H4 and I am going to India recently. My visa has already expired but I have the new extension papers. Please let me know what are the papers i need to carry for my stamping.I will get it done from Calcutta. – Renu
Renu, you should bring the following documents: · A copy of the approval notice from the INS · Completed Form OF-156 · The visa application fee (varies, check with the consulate first) · Photo · Copies of the applications, both the original and the extension, that were filed for your husband · A letter from your husband’s employer stating that he is still employed on the same terms as laid out in the extension application · A recent paystub · Proof of your marriage, such as the marriage certificate. *********
I am currently in a position that I have successfully applied for a position at a company in California, USA. My H1-B and Labor Certificate has been approved but since the approval notice, the sponsoring company has changed their line of business and no longer require my services. I had already signed the employment contract and was getting ready to report for duty when I received the bad news. The company has however agreed to assist me with a transfer of the H1-B Visa to another company that will sponsor me. As a matter of interest: Is the company under any obligation/commitment to employ me based upon the employment contract ? The only requirement was that I obtained a H-1B Visa, which I now have. – Max
Max, the standard type of employment in the US is employment at will, meaning that either the employer or the employee can terminate the employment relationship at will. This is true even if there is a contract between the parties. So unless you had an unusual contract with the employer, they are under no obligation to employ you. The fact that they are assisting you in finding another H-1B employer is beyond what they are required so you are fortunate in this regard. Before dismissing the possibility that you have any rights, you might wish to consult with a labor lawyer about any possible remedies you have for breach of contract. By the way, if you had already arrived in the US and the company terminated your employment, you would be entitled to have the company pay your return transportation costs home.
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Last week in this column, in discussing traveling outside the US while in nonimmigrant status, we said that a person could travel to contiguous countries for periods of 30 days or less without having to obtain a new visa. These counties are Canada, Mexico, and various islands in the Caribbean. Unfortunately, the response may have indicated that H visas could also be revalidated in any of these counties. As pointed out by an astute reader, Pat Schock of the University of Texas International Office, this is not the case. H visas can only be revalidated in Canada and Mexico (other, of course, than in a person’s home country). Revalidation in the island countries is available to F and J visaholders. Thank you Pat for pointing this out! < Back | Next > Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk. | 
