Employer threatens to revoke H1B - Please help

M

msteve

New Member
Hello,

Am on H1B with an Indian consulting co. We had agreed on certain payment terms and conditions. These were not met. And I received partial payment with a delay of 2 weeks. I started calling him to ask when I would get the remaining payment. He never received / took my calls. Nor would call him on his own at his convenience inspite of requesting him by email.

He asked me to pay for the H1B transfer and that was $2500.

He finally sends an email claiming he isn't making profits from me and that he has never had people asking him money like the way I ask him, so on and so forth. He has finally mailed me saying he will cancel my H1B. I've couple of concerns:

1. What are my options now?
2. How can I claim my $2500 and my remaining money?
3. Which is the correct office to file a complaint about this company - DOL or INS?
4. Am I allowed to stay in the country if he really cancels my H1b?
5. Can I have my H1B transfered ? And with in what time will this needs to be done.

Please help. Appreciate your help.

Thank you,
mst
 
1. Get a new job today.
2. Get a good lawyer, but I doubt its financially worth it.
3. If you complain to either you might lose your H1B status since your status is linked to getting paid properly.
4. No. You have to leave immediately.
5. Yes, preferably today.
 
4 BS.

You can stay up to 180 days out of status. Find a good job without rush, have them transfer your visa (you don't have to be in-status to transfer) and re-enter with visa re-stamping at the consulate.
 
Encouraging people do go out of status is a dangerous proposition. While being out of status for under 180 days doesn't trigger an automatic bar, it can very well get you into trouble at the consulate when you try to get your visa stamp.
 
Once you file an application for H1B transfer and it is received by USCIS, you will be ok to stay in country/work for the new employer. Premium processign only takes 14 days(usually less).
 
nscagony said:
Encouraging people do go out of status is a dangerous proposition. While being out of status for under 180 days doesn't trigger an automatic bar, it can very well get you into trouble at the consulate when you try to get your visa stamp.
Click to expand...

Why don't you come up with an example of a person being denied H1B stamping because of being out of status for less than 180.

If you can't you should consider stopping giving recommendations based on nonsense paranoya. :)
 
cerruti2827 said:
Once you file an application for H1B transfer and it is received by USCIS, you will be ok to stay in country/work for the new employer. Premium processign only takes 14 days(usually less).
Click to expand...

Whether you can stay or not and should re-enter depends on whether you have been out of status a single day. Premium processing does not change that.
 
MSteve,

Welcome to the world of H1B. I will advice you to stay till you were able to transfer your H1B to another company. It is for your own interest not to be out of status for a day. There are so many guys that are in the worst case than yours.
 
msteve,

You have 2 problems here..maintaining legal status and wages.

You must be continuously working for one or other employer with the corresponding H1B. As quick as you can, get another job and transfer H1B. There is nothing called GRACE period between jobs. However, in some cases, USCIS may forgive the gap, but that depends on your luck. There are cases layoffs, company closures...where candidates got along with the gaps.

As per the wages, in addition to the federal, every state has their own laws. I am just providing a link for CA. Go through your state's employment laws and take necessary actions. Employer will be in trouble if he doesn't pay stipulated wages. Complaining to USICS/DOL comes later.

http://www.dir.ca.gov/dlse/FAQ_Paydays.htm

Good luck with your new job.

Just my opinion only.
 
180 days out of status is the limit that you won't get banned from entry to the US, but is not legal.
 
Let me put my understanding of these issues. I am not a lawyer and you should base your final decision based on a good immigration lawyer.

------------
Its not "out of status" that triggers bar. It is the "illegal or unauthorized stay" (that too after 180 days [3yr] and 365 days [10yr] of illegal stay).

"in status" is when you do the authorized work for the authorized employer at the place authorized and get paid at least minimal money noted on LCA. Anything else is pretty much "out of status".

illegal or unauthorized stay for H1B is :
staying beyond date on I94 w/o a timely filed nonfrivolous extension
Or
Uscis/attorney general finds about "out of status" and then asks one to leave, yet he/she stays

Uscis will ask you to leave if employer cancels H1B . So your stay becomes "illegal/unauthorized" when Uscis does that even though your I94 might still show future date (unless you filed a timely nonfrivoulous extension/transfer).

Uscis might not extend H1B (yet might approve it) if you are out of status. There are cases where it did approve extension where the gaps were small.
You shouldn't count on extension (or even approval) if your stay is "illegal or unauthorized" (although there are approval cases there also).

"illegal stay" is more serious issue as it can be applied retroactively.
 
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Regarding H1B

I got H1b visa(previously i had H4) through a consultant valid from october 2007 but till now no job or paystub or offer letter.

1) I want to complaint to US DOL about this consultant. But how can i prove that they are my employer? I have only I-797A paper with me.

2) If the employer comes to know about my complaint to DOL,can he cancel the H1B visa? I have H4 valid till 2010? DO i still have to leave the country?

3) Will it affect my H4 stamping, My husband's H1B visa and our Future GC processing?

Pls reply to my questions....

Really appreciate ur help...
 
My understanding is you can have only one valid status at any time. I think you lost your H4 status when you received your H1 approval. If you have not been paid or worked on H1, you are probably out of status. If your employer has no intent of employing/paying you, then it is a fraud. You should check with a lawyer how you can get back your H4 status again. I don't think it is automatic. Check if you can transfer H1 to another co. However, that would be tricky, since you have no pay stubs. Check with a lawyer immidiately. Delay could further jeopardize your case in future.
 
re

Hi Deba,

Thanks for ur reply, I am really worried what is going to happen...Can u pls suggest how can i get h4 status back...do it have to transfer from h1 to h4 again....
And one more thing if the employer who filed my H1b visa revoke my h1b visa... then in that case what happens i am back to h4 or not??

Pls suggest something.....
 
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