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Of all the concerns of a technical working these days, the greater concern is the dismissal. This problem is caused by unpredictable and often contradictory interpretation of the increases in INS law. So, what you should do in case of dismissal?

Well, first of all you must know the law. Here's what I've found the best explanation lay-friendly parts of the law of INS H-1B workers.

First, too many people have indicated that a worker H-1B, which has fired tenDays to apply for a new or leave the UP This is completely wrong.

The confusion about the "10 days" rule is clear from the following Regulations (8 CFR § 214.2 (h) (13) (I) (A)):

"A receiver must be approved by the United States for the validity of the petition to be, plus a period of up to 10 days before the validity period begins and ends 10 days after its validity. The recipient can not except during the period of validity the work ofPetition. "

These regulations govern the H-1B workers, with the United States are not the ones who change their employers, or his non-immigrant visa status are.

It is an H-1B workers have been laid off or terminated, and its H-1B petition has not been revoked, the employee has a change of status to another nonimmigrant visa application, while he seeks employment. If the worker is seeking suitable employment, submit to the new employer is an H-1B petition to the INS and request a change of employer. L 'Amount of time an H-1B workers may be dismissed in the United States for the suspension or termination is not defined in law or regulations. Several INS officials over the years have said the H-1B employee must submit an application for change of employer within 30 days or 60 days. However, these statements are only opinions and do not have the force of law.

The wise worker will receive a job offer, and pass the new employer applied for H-1B employers, such asas soon as possible. AC-21, H-1B cap law in force in October 2000, the employee can begin working with the new employer as soon as the transfer of H-1B petition is submitted to the INS. Or was it allowed to be, or if the INS decides that too much time has elapsed, since the workers were laid off or terminated, the INS will approve the H-1B petition and the application refuse to change employer in SU In the latter case, once the notice of approval is granted, the employee may varythe U.S. and ask for a new H-1B visa abroad. If your old H-1B visa has not expired, he may be able to easily travel outside the United States and returns with his original H-1B visa and his original approval notice (Form I-797) from recent approval of his petition for H-1B.

If an H-1B employee is dismissed or terminated, and can not quickly offer a professional job is changing, another alternative, the request was a B-1 Business Visitors B-2 or tourism, as seenfor the job. If you find a new job, the employer may apply to the INS to change their status to H-1B.

Finally, what happens if the employee has already rejected the beneficiary of an approved visa petition-based work? In this case, the employee must present his new employer to an RIR labor certification and an EB visa petition on his behalf. It can be used for its original priority date.

If the employee is laid off work with an EAD, can immediately startI work for a new employer. Loss of a job does not invalidate an EAD. Only the refusal of the application for adjustment of status does this. Again, the employee should have his new employer of a RIR labor certification and visa petition submitted on his behalf as soon as possible.

If the processing of applications for adjustment of status of persons with recognized petitions EB takes only a few months to approve (such as the California Service Center), it may be timeapproval of a new labor certification and visa application before the application for adjustment of status is to get decided.

If this is the case, we can for the employee that his employer submit a new H-1B petition for him, if he is currently working with an EAD required. Even if the old H-1B visa has not expired, may be able to travel outside the United States and returns with his original H-1B visa and his original approval notice (Form I-797) from its recent approvalH-1B petition.

Of course, if the application for adjustment of status was more than 180 days before the dismissal, workers may change jobs for a long time without his green card application as the new work is in the same or a similar occupation. "

It should be clear now that the INS did not make the law, any amount of time that an H-1B workers to legally spend in the country upon release. What is the best option in this case? Well, this is a provenand tested in two phases of the action plan:

a) Show a sincere effort to remain legally in the country for a change to the application B1/B2 status within thirty (30) days after discharge. Need a copy of your itinerary shows the intention to leave at the end of B1/B2 status. You also need to test financial form of a bank statement showing you have enough money to stay here. Then, ask your lawyer to an application that takes care of your financial needs to write, saysMaterial and responsibilities before leaving and calling for change of status.

b) You can now find a new sponsor for H-1B visa and the rest is easy and well documented.

Second, remember that finding jobs is itself a full-time job. It requires determination, discipline and sense of humor. Here are some steps that have helped me through the experience both times I have been given the pink slip.

a) Keep your CVupdated even if you think your job is secure. Write down what the new skills acquired on the job from you and let you use action verbs and keywords.

b) Make sure to show some tangible benefits that you the employer through the use of technical expertise or even contributed to it. For example, to successfully reduce the labor costs of $ 30,000 annually by automating the delivery of direct funding for a company of four employees.

c) Do not groped to go beyond the limitsWhat you can back up during the interview. When you inflate your resume with qualifications and experience not really, you will eventually be resolved. It 'better to keep what they know best and use the interview as an opportunity to view the entire understanding of the real sector and the future employer.

d) The network is the best way to get fast and good interviews. Ask your friends, your CV to refer in their work environment.Also get phone numbers and e-mail to recruiters and HR personal side of the employer. Question from a friend to get a good job, a place where you can impress someone to get groped by the hands. Atleast you have the opportunity to ensure that all species.

e) Take this free time to your knowledge of the skills that you know is currently on the rise, but also to learn new skills. Make Google your best friend, if not already. There are a millionfree online resources where you learn the latest skills in your line of work.

f) Use your new freedom to pray at the mosque to pray rather than in your box office. Read the Quran with translation and tafsir and try Ulema class. Pray also for the knowledge, clarity and smoothness in the interviews.

g) If you have a short interview, make sure you are professional and friendly. Many advertisers will tell you that they are working hard for people whoshow them some personality and talk about other aspects of their life together with their technical skills. Give your walls any useful response to their questions and always ask questions relevant to the end.

h) Try to spend more time with friends or relatives who are causing these problems until late at night use ignored. It takes a special effort to depression and anxiety in this period and lift the spirits always good comapny avoided.

Finally, you canLikely to have come here to study and then switched to a career. This may be the time to think, back at home and with your experience and skills for a career more to ensure his family and friends.

In any case, when it comes to this situation, remember that God works in mysterious ways. Just keep the faith, hard work, hope for the best and the rest to fate. They had a good race, while it lasted though.

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