H1B_in_dumps
Registered Users (C)
Hello everybody,
Let me start by thanking you all for this amazing forum.
I got a very disturbing situation.
Details:
B.S in comp sci completed in Dec 2001
M.S in comp engg completed in April 2004.
OPT from May 30th 2004 - May 29th 2005
H-1 approved in Oct 2004.
H-1 start date March 2005
I would like to know when the change of status happens....when the H1B is approved or when the H1B starts???
The software consultancy company 'ABC' cancelled my H-1 without informing me around end of June 2005 and so far has not provided me with an airfare ticket. I got to know abt the cancellation few days back after calling them persistently.
The company 'ABC' did not provide me with my copies of approval papers and i-94 and not even the photocopies either. Well, they informed me abt the start date over the phone when they had applied for me. In fact i got nothing in writing abt the H-1 related documents. Now, they are not willing to give any of them to me. I asked them to atleast fax me the cancellation letter as proof which they had send to USCIS Service center but they did not agree to that either. I checked the status online using the EACxxxx number and it says that my petition was approved in Oct 2004 and mailed to the employer. During the period from March 2005 - June 2005, i wasnt placed on any projects, so do not have any pay stubs either.
Now, i dont know if any other company could file for my H-1 without requiring the previous documents but i am thinking they might not. what do u guys think??
The funny part is that the company 'ABC' is willing to reapply for my H-1 but would want me to go through the consular processing in India. I am not really sure what has to be done at this juncture and what are my chances. I havent been to India for past 5 yrs and my F-1 visa had expired in June 2002. I was never out of status on my student visa.
Just a hypothetical scenario : If they are willing to provide me with paystubs and keep me on payroll after the termination letter, would that help as the online status still doesnt indicate any cancellation yet. Or can they withdraw the letter based on certain reasons as the online status doesnt reflect that it has been processed yet by USCIS.
I have been to couple of attorneys and each one has a different opinion to give. Going to Chennai or any consulate in India with this kind of situation, i am not sure if i would be even heard.
If anybody has an idea of what course of action would be best and any information would greatly help me.
Thanks,
dumped by employer.
Let me start by thanking you all for this amazing forum.
I got a very disturbing situation.
Details:
B.S in comp sci completed in Dec 2001
M.S in comp engg completed in April 2004.
OPT from May 30th 2004 - May 29th 2005
H-1 approved in Oct 2004.
H-1 start date March 2005
I would like to know when the change of status happens....when the H1B is approved or when the H1B starts???
The software consultancy company 'ABC' cancelled my H-1 without informing me around end of June 2005 and so far has not provided me with an airfare ticket. I got to know abt the cancellation few days back after calling them persistently.
The company 'ABC' did not provide me with my copies of approval papers and i-94 and not even the photocopies either. Well, they informed me abt the start date over the phone when they had applied for me. In fact i got nothing in writing abt the H-1 related documents. Now, they are not willing to give any of them to me. I asked them to atleast fax me the cancellation letter as proof which they had send to USCIS Service center but they did not agree to that either. I checked the status online using the EACxxxx number and it says that my petition was approved in Oct 2004 and mailed to the employer. During the period from March 2005 - June 2005, i wasnt placed on any projects, so do not have any pay stubs either.
Now, i dont know if any other company could file for my H-1 without requiring the previous documents but i am thinking they might not. what do u guys think??
The funny part is that the company 'ABC' is willing to reapply for my H-1 but would want me to go through the consular processing in India. I am not really sure what has to be done at this juncture and what are my chances. I havent been to India for past 5 yrs and my F-1 visa had expired in June 2002. I was never out of status on my student visa.
Just a hypothetical scenario : If they are willing to provide me with paystubs and keep me on payroll after the termination letter, would that help as the online status still doesnt indicate any cancellation yet. Or can they withdraw the letter based on certain reasons as the online status doesnt reflect that it has been processed yet by USCIS.
I have been to couple of attorneys and each one has a different opinion to give. Going to Chennai or any consulate in India with this kind of situation, i am not sure if i would be even heard.
If anybody has an idea of what course of action would be best and any information would greatly help me.
Thanks,
dumped by employer.
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