Company cancel my H1

vk9561

New Member
Hi ,
I am on H1B. Since Oct 2008 I am on bench.In Nov 2008 my company told me to send an application tht indecate I am on personal leave and since Nov 2008 till March 2009 I am doing as they told me.now my company is telling me that they are going to cancel my H1b because of I am not on the project since Oct 2008 and they have a pressure from USCIS, they are also saying that if I returned to India then they will not going to cancel my H1.they will inform USCIS only I am not in US.They are also saying that give the interview from India and if you got a project return to US.

Now do you really think that my company will cancel my H1. What will be my status after my H1 cancel I have a valid visa in my passport till 2010.
Please guide me what is the best thing I can do in this situation.

Thanks
 
Since you were unable to get a project before the economy in the US became really bad, it is very unlikely that you will get one now. You need to return to your home country and wait for your employer to call you again.

You would have to exit the US to do a transfer since you have been out of status for so long. You will have difficultly expaining your failure to work during your previous time.
 
you are out of

Hi ,
I am on H1B. Since Oct 2008 I am on bench.In Nov 2008 my company told me to send an application tht indecate I am on personal leave and since Nov 2008 till March 2009 I am doing as they told me.now my company is telling me that they are going to cancel my H1b because of I am not on the project since Oct 2008 and they have a pressure from USCIS, they are also saying that if I returned to India then they will not going to cancel my H1.they will inform USCIS only I am not in US.They are also saying that give the interview from India and if you got a project return to US.

Now do you really think that my company will cancel my H1. What will be my status after my H1 cancel I have a valid visa in my passport till 2010.
Please guide me what is the best thing I can do in this situation.

Thanks
status for long time. You can not transfer now. Better leave and attend interview on telephone, return back when you get project. Also employer is probably right.... USCIS has increased scrutiny of small employers... .. you have another option....you can complain to DOL with form WH4. They will make your employer pay for last 6 months.....but then your employer will revoke H1....
 
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