Hi Sajha Lawyers,Experts

Being fed up with my so-called lier  dhoti employer who has threatened to cancel my H1B(started this Oct...no job,...no paystubs..) at the end of this month,I have decided to leave this country next month with the possibility of coming back with F1 visa.So,my question is what would be the impact on my future arrival back to US,if I left this so-called  filthy company without notice?What happens if I stay here for couples of days,say 15/16 days beyond my termination day especially for arranging my travel to Nepal,for example getting tickets,termation of apartments,selling cars or so?Would my unintensional overstay affect adversely on my future travel for study or immigration? Do I get few days to arrange my travel back to Nepal without penaly or violation of immigration law?

I have hope of getting accepted in Ph.D.program for this Spring (2009).I am planning to get I-20,go to Nepal,and come back.

Any info/suggestion will be highly appreciated.

u can try going canada or mexico for visa instead of going to Nepal and coming back again.....

generally when you get into PhD program, you will get assistantship as well.  you do not want to enroll PhD without having an assistantship.  so, i think you are pretty safe to go back to nepal and come here as a phd student.  i believe there is no certain time frame like you have this many days to leave USA after your H1b expires unlike F1 visa, which allows you grace period of 60 days.  however, certain time after H1b cenceling is understandable i guess.  this can be explained.... 

If the company terminate your H1b they are supposed to buy air ticket for you. They will have to pay your salary no matter you were in bench or not. If you are planning to go back then tell them that you are going to file a case in labor department. If you are very serious, you can give a notice to labor department. Please google on it in depth. I am not a lawyer so my advise is what is heard/read randomly. There are other opportunity so get out of dhoti company and try to look for it.

Superexchange,

If you have made up your mind to leave for Nepal. Then you need to ask for all the payments from the employer starting the H1b date regardless of you were working or not until the termination date. Once the employer hands you an official termination letter (which you should ask for) if not given voluntarily ask for the air ticket back to Nepal. Employer is required to give you expenses for trip back to Nepal. If he gives you hard time on this threaten to report him to DOL.

People dont take those measures because they want to stay here. But if you have decided to leave then make sure you get those things done. Two reasons,

First, when you try to come back to US..you need to prove it to the consulate in Nepal that your stay in US was a valid one and only an employer termination letter and pay stubs during your H1B period proves this. 

Second, Dhoti employer should be punished for what he has done to you. Dont let him abuse you like that.

Email me with your phone number and i will guide you more if you need it

Sid

I think you are naive. First, you should get into PhD program before talking about it. It is not easy to get into the program with assistantship. I doubt any good school will take you into the program with assistantship for spring either. If you have good GPA and so on, try for next fall, and even for that, the deadline might be slipping.

Be rational kid. This attitude takes you nowhere. Not in USA. Not in Nepal.

Pire,

Thanks for your thought.Naive..?Maybe..its upto you,but I am here looking for serious solution/suggestion from fellow Nepalese.I am not showing off here mentioning Ph.D. is the next thing for me.It looks like you are not satisfied with what I deserve.As a matter of fact,I've got all  what a good school requires for its prospective students.A master's degree in descent field,good GPA,couples of years of TA/RA experience from a good school,research papers.I am not applying for MIT,Cornell,Princeton etc.There are so many schools except those highly rated schools.I have already applied for some schools,and things are going +vely.

 

Superexchange,

I don't know about the the immigration stuffs but I also quit this job, and going back home and applying visa in F1 again for jan 2009. Regarding PhD, it might take sometime but you should be fine, I have three school with full assistantship but I choose just a very general school which I had been before (for my master). Don't give up, everything will be fine.

 

Superexchange,

Don't misunderstand me, but overly simplify situation either. For example, most of the universities want PhD application to be submitted by December if you are applying for next fall. How many good schools start PhD at Spring, and how many of them may have deadline beyond November?

I am sure you will get into a good school, but just don't take it as granted. Everything requires hard work in this country.