H1 petition approved, Now INS sent notice to revoke

D

doltoo

New Member
Hello,

I had come into the US on F1 visa. During my OPT, I did not get a job. I did not want to go onto H4visa( I am married). So I asked Company "X" (consulting company) to do my H1. I got my I-129 for H1 was approved. I have not been able to get a job and I have not been on payroll for 4 months, i.e., since I got my H1. The company also refused to give me a copy of I-94 since I have not been payroll.

Is it true that I cannot get a copy of my I-94 since I am not working?

Now after 4 months, INS sent a notice to revoke my approval based on the LAC that the company had used to file my H1. They are planning on sending the required papers to adjust it. My questions are:

1) what if INS revokes my H1 approval? what will be my status?
2) Can I do an H1 transfer to another company at this stage?
3)Will INS ask quesries if I go to H4 then decide to come on H1?

Please advise what I should do.
 
not clear

Dude,

It sounds like that this consulting company has something to do with your H-1b revoked by INS. I have not heard INS revoking someone’s H-1b after 4 months based on LCA? You might want to ask your company what happened here. Did they ask INS to revoke your H-1b (They have right to do so.) because they were not able to pay your salary?
You have every right to get your H-1b approval notice with I-94 form. I am not sure why company is saying they cannot give it to you.

It not looking good as far as your status is concerned since you do not have an active H-4 application pending with INS. Let us know what is going here so that someone can answer you questions is greater detail.

Good Luck,

RamFan
 
Thank you for the reply:

Since the question I am posing is not clear, I have tried to make it more understandable:

I had come into the US on F1 visa. During my OPT, I did not get a job. I did not want to go onto H4visa( I am married). So I asked Company "X" (consulting company) to do my H1. The company got an approval but is refusing to give me a copy of my I-94 or any other related document. I have not been able to get a job and I have not been on payroll for 4 months, i.e., since I got my H1. The company refused to give me a copy of I-94 since I have not been payroll.

Now after 4 months, INS sent a notice to revoke my approval based on the LAC that the company had used to file my H1. They are planning on sending the required papers to adjust it. My questions are:

1) what if INS revokes my H1 approval? what will be my status?
2) Can I do an H1 transfer to another company at this stage?
3) If I don't have an active H4 case pending, can I not change to H4 at all?
4) Will INS ask quesries if I go to H4 then decide to come on H1?
5) If this consulting company is not trying to help me, then what are my options ?

I would be greatly obliged if someone could help me with this situation. At this point I am totally out of thought as to what actions i need to take.

Please advise what I should do.
 
I agree that the company probably requested that your H1 be revoked since they cannot pay you. If you try to switch to H4 from within US, INS may ask for paystubs which you do not have. Your best bet may be to go to your home country and apply for H4 visa there and return on that. You must do something soon because you have been out of status for 4 months and at 6 months, things get dicey. Consult a lawyer pronto. People on this board are good for general advice and logistics, but in your situation, you should consult a lawyer. Your I-94 must be valid for some time. Tell your company that you need it as you have to travel abroad (to give to airline upon departure as is required).
 
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