H1 advice badly needed?

Question

The company a friend of mine is working for is terminating her H1 as of Jan 31'07 (due to misconduct caused by ignorance). If Company B decides to hire her before Jan 31 ,

1. Should a new H1 be applied or is a H1 transfer enough?

2. When will the INS be informed of the termination ? Immediately or after
Jan 31 ?

3. Will company B run into any legal problems from the INS for hiring a
candidate who whose H1 is terminated due to misconduct ?

Answer 1

1. Depends. She will need a new H-1 visa only if her visa is expired. Also, an expired passport means an automatic "out of status." Hence, in order to stay in status (legal) she needs a valid passport and visa. Don't forget that the date written on the I-94 is important too. Make sure she didn't overstay her I-94.
2. INS will NEVER inform anybody of anything. If she wants to stay in status, she has to stay informed of any immigration or visa's law changes. It's her responsability, not INS'.
3. No. The company CANNOT terminate any visa. That's not their job and they have no right. They can terminate her employment but they can't deal with any non-alien immigrant status matters. H-1 is issued by the US Immigration and Naturalization services department, not by company A, B, C, D, or even F. ----Company B will not get into any legal problem, unless they hire her knowing that she isn't qualified to work legally in the US. Besides, she can't work if her visa is expired.

You guys should contact INS, they can give you more detailed info about what to do.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=1847c9ee2f82b010VgnVCM10000045f3d6a1RCRD&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1RCRD

Good Luck! Things can be really messy if they aren't handled well...

Answer 2

This is important enough for your friend to consult with an immigration attorney. Consultations can run from pro bono to about $150 bucks.