Immigration Issues/H1B portability

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Question
I actually read a lot of your blogs. You have done wonderful work. Though there was some questions which I had and I was hoping if you can shed some light in.


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.


Answer
Nihal,
It is the employer's decision to continue your employment. They could as well withdraw the termination and allow you to port. Since they are not ready to do that I would suggest that they premium process your case and you can reenter the US on H-1B visa. This may be the only option that you have even if you file under a different employer.

Best of luck.

Sincerely,
Ramasamy Krishnan

Immigration Issues

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Ramasamy Krishnan

Expertise

Immigration particularly business immigration and National Interest Waivers.

Experience

I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan, www.ashleykrishnan.com

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