confused about H1/H4 Status

[PrachiK]

Hi

1. Came to US on H4 visa in Sep 2007, . My H4 is valid till Oct 2009 and my husband has valid H1 visa from company A.
2. I applied for H1 in Apr 2008 and got confirmation from Company A, but they did not provide I -797 till date. (I have EAC number, an offer letter and e-mail from company A about approval ,Also USC website shows my case approved.).
3.I could not apply for SSN due to lack of I -797 and have no pay stubs and no pay till date.
4.My Company called me two weeks back.They wants me to go back to India before march 30 and came on H4.they propose to pay one way ticket.

Questions

1. I asked my employer several times over telephone but he refused to give me I-797.

2. Looks like my employer choose COS option while applying for my H1. What is my present Status? H1/H4?

3.If I go back to India,will there be any problem coming back to US on H4?

4.I want to file a case with DOL for not giving payment and H1 Paper. Can I file the complaint after coming back from India?

5.If I apply for H1 in future will there be any issue? What are my options.

Appreciate your advice soon.

Regards,
Prachi

 

[ginnu]

Hi

1. Came to US on H4 visa in Sep 2007, . My H4 is valid till Oct 2009 and my husband has valid H1 visa from company A.
2. I applied for H1 in Apr 2008 and got confirmation from Company A, but they did not provide I -797 till date. (I have EAC number, an offer letter and e-mail from company A about approval ,Also USC website shows my case approved.).
3.I could not apply for SSN due to lack of I -797 and have no pay stubs and no pay till date.
----------------that is US employer fault. File complaint with DOL.
4.My Company called me two weeks back.They wants me to go back to India before march 30 and came on H4.they propose to pay one way ticket.
------------------ Send email or fax to employer that they need to give you H1 approval notice and I-94. inform that you need to Surrender LATEST I-94 that is attached with H1 approval noticewhen you depart US.

1. I asked my employer several times over telephone but he refused to give me I-797.
------------------send Email or FAX and keep the evidence.
2. Looks like my employer choose COS option while applying for my H1. What is my present Status? H1/H4?
--------------if employer filed H4 to H1 then you are on H1 but out of status.
3.If I go back to India,will there be any problem coming back to US on H4?
--------------------If you file complaint with DOL and keep the copy of evidence that it was not your fault to maintain H1 then I don’t see any problem for H4 visa. Reply only what is asked by consulate officer.
4.I want to file a case with DOL for not giving payment and H1 Paper. Can I file the complaint after coming back from India?
---------------Do it now and ASAP so that DOL recover your wages when you have H1 approved by USCIS.
5.If I apply for H1 in future will there be any issue? What are my options.
---------------- if you file complaint against the employer then you are safe and it is not your fault to maintain H1 status it is fault of Employer.

Appreciate your advice soon.

Regards,
Prachi

---------------File the complaint with DOL and update us.

 

[PrachiK]

My employer says, since my passport still has H4 stamp, I would go back to H4 status and can search for projects from india. Once I get a project he would do a COS to H1.

But I'm not sure if it is a right way to change status and if I can change my H1 feature with no cap.
What are my options?

 

[ginnu]

My employer says, since my passport still has H4 stamp, I would go back to H4 status and can search for projects from india.
--------------------Ask employer that H4 visa stamp and Status are diffrent. Visa is just for entry to US and Visa stamp is not status.when you came on H4 and your status was H4 as you got I-94 based on H4 but later employer filed H4 to H1 Cos that got approved and H1 approval has latest I-94 attached and that is based on H1 status. ASk him the Copy of H1 approval and latest I-94 that is attached lower Right side of approval notice. You employer is playing trick with you.


Once I get a project he would do a COS to H1.

But I'm not sure if it is a right way to change status and if I can change my H1 feature with no cap.
What are my options?

File the complaint with DOL and recover your wages .