H1 needs help

[Chuanshuang Bie]

Hello, Ranchers,
I need help to get back to the US. I had worked as a developer in the US for 3+ years but I went back to China about 2 years ago. My H-1 visa is still valid. My problem is my sponsor (in NJ) doesn't provide me (for no reason) the document needed for getting the reentry pass from the US Consulate. One solution is to transfer my H-1 to a new employer but the best and quickest way is to have my current sponsor send me the document(just a copy of form I-129 that is kept in my sponsor's office ). I have pretty good Java, J2EE, C/C++, WAS/WSAD skills and would like to relocate to anywhere. If any of you can help me out, I'd pay you some money. Please contact me by email( [email protected]) and I will tell you my current sponsor's contacts. Thank you.

[Mike Gershman]

My problem is my sponsor (in NJ) doesn't provide me (for no reason) the document needed for getting the reentry pass from the US Consulate. One solution is to transfer my H-1 to a new employer but the best and quickest way is to have my current sponsor send me the document(just a copy of form I-129 that is kept in my sponsor's office ).

I just looked at the I-129 form on the web and it is not supposed to be filed by a previous employer. Maybe that's the reason your ex-sponsor won't do what you want.

[Jay Shin]

I need help to get back to the US. My H-1 visa is still valid.

No.

Do not confuse "Visa" with "Status". Your H-1B "Visa" stamp may seem valid, but you're out of H-1B "Status".

You MUST be continuing to work for the sponsoring employer under the terms of the H-1B petition, then you are legally permitted to be in the U.S., whether your visa stamp in the passport has expired or not.

my sponsor (in NJ) doesn't provide me the document needed for getting the reentry pass from the US Consulate. I-129 that is kept in my sponsor's office

A nonimmigrant doesn't need I-129 for reentry. The I-94 card is what's needed. If this is what you're talking about, then it is strictly illegal for an employer not giving the I-94 to its H-1B employee.

If any of you can help me out, I'd pay you some money.

I'm reluctant to help you out on this case.

[Mike Gershman]

Jay, I thought the second copy of the I-94 is attached to the passport by USCIS on entry into the US and taken up by the airline when you leave the country.

See this official web page:
http://www.usembassy.org.uk/cons_web/ins/i94.htm

What would an ex-employer be doing holding someone's I-94 card?

[Chuanshuang Bie]

Thank you for your guys' inputs. You are all right. It's not form I-129 but the employer petition form (I forgot the form name). The consulate needs it to make sure that my sponsor would still like to sponsor me. My sponsor wouldn't because it is an Indian owned consulting company and I'm a Chinese, and some Indians are not nice to Chinese. I don't know if the pay-stab(I 'm unable to provide) is still needed for a H-1 transfer. If not, I'd like to do a quick transfer. That's why I'm asking your help on this site.

[Jay Ashar]

Originally posted by Chuanshuang Bie:
Thank you for your guys' inputs. You are all right. It's not form I-129 but the employer petition form (I forgot the form name). The consulate needs it to make sure that my sponsor would still like to sponsor me. My sponsor wouldn't because it is an Indian owned consulting company and I'm a Chinese, and some Indians are not nice to Chinese. I don't know if the pay-stab(I 'm unable to provide) is still needed for a H-1 transfer. If not, I'd like to do a quick transfer. That's why I'm asking your help on this site.

Yes, in most cases, paystub is needed for H1 transfer. You need to provide last 2 paystubs before they send your file for visa transfer.
In some cases, I know, where employer refuses to give paystubs you can show a letter from bank stating money was deposited and sometimes if you are lucky DOL does not bother to look at anything for H1 transfer.
Safest bet is to provide paystub for last couple of months.

Good luck!!

[Jeroen Wenting]

As said, you'd be illegal to enter the US under your current H1 given that you no longer work for the company that sponsored it.

Therefore you'll need to go through the process all over again, anything else is fraud and why should anyone help you take the job of a US citizen, especially in a fraudulent fashion?

[Jay Shin]

it is an Indian owned consulting company

No wonder they're doing illegal H-1B practices.

Personally, I've seen a dozen Indian consulting/contracting companies in NJ/NY area. I have yet to find one that's NOT violating any of the H-1B laws.

I'm a Chinese, and some Indians are not nice to Chinese

This is new to me. Why do they dislike Chinese?

I don't know if the pay-stab is still needed

Yes. Pay stub is needed for H-1B and later also for Green Card.

Here's a good news.

The INS (Immigration and Naturalization Service) does require some pay stub information. However, it is not necessary to submit every single pay stub going all the way back.

Just a few recent pay stubs and a letter from your employer should be enough. These are easy to falsify.
[ March 08, 2005: Message edited by: Jay Shin ]