H1 status and tragedy

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Predicaments

New Member
I have been on a valid H1 visa since Oct 2007 and prior to that I was on a valid F1 visa.

I have not been on a client project since November '08 and I have not been paid by my H1 sponsoring employer. I do not have pay stubs from the past 3 months and going.

Today, my employer asked me to submit a letter that I have been on sick leave since November or they would revoke my H1 today. How does this work?

In any case, I am thinking if I give a letter to my employer that I have been sick since Nov '08, this will come back to bit me in the future. Isn't the burden to prove that I was really sick, fall on me?

My other option is to apply for H4 based on my spouse's H1. What do I need to apply for H4 and COS?
Will I need anything from my current H1 sponsoring employer to apply for H4 and COS?
Can we apply for H4 and COS ourselves (by filling form 1-539) or do we need to engage the H1 holder's attorney?

Please help. I need to make a decision in a few hours. I wish my employer had given me sufficient time for me to prepare for these consequences. I am actively looking for new projects.
 
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Predicaments said:
I have been on a valid H1 visa since Oct 2007 and prior to that I was on a valid F1 visa.

I have not been on a client project since November '08 and I have not been paid by my H1 sponsoring employer. I do not have pay stubs from the past 3 months and going.

Today, my employer asked me to submit a letter that I have been on sick leave since November or they would revoke my H1 today. How does this work?

In any case, I am thinking if I give a letter to my employer that I have been sick since Nov '08, this will come back to bit me in the future. Isn't the burden to prove that I was really sick, fall on me?

My other option is to apply for H4 based on my spouse's H1. What do I need to apply for H4 and COS?
Will I need anything from my current H1 sponsoring employer to apply for H4 and COS?
Can we apply for H4 and COS ourselves (by filling form 1-539) or do we need to engage the H1 holder's attorney?

Please help. I need to make a decision in a few hours. I wish my employer had given me sufficient time for me to prepare for these consequences. I am actively looking for new projects.
Click to expand...

Your employer is playing a trick not to pay your wages according to LCA. If employer revokes your H1 by writing to USCIS still he needs to pay your wages from November 2008 till the date he revoke H1 petition.
If he does not pay you then you can recover the wages from November 2008 by filing a complaint with DOL and they will recover your wages.

If you give the letter that you were sick then Employer may not pay and DOL may not recover the wages.

If you apply H1 to H4 Change of status then USCIS may not approve COS as you are not on H1 status (if employer is ready to give you latest 2-3 pay stubs then you are on H1 status) if you are on valid H1 status and your spouse is on valid H1 status then you can file H1 to H4 COS with form I-539 with USCIS.

** You need to read the latest bulletin from Muthry Law office.
 
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ginnu said:
Your employer is playing a trick not to pay your wages according to LCA. If employer revokes your H1 by writing to USCIS still he needs to pay your wages from November 2008 till the date he revoke H1 petition.
If he does not pay you then you can recover the wages from November 2008 till by filing a complaint with DOL and they will recover your wages.

If you give the letter that you were sick then He may not pay and DOL may not recover the wages.

If you apply H1 to H4 Change of status then USCIS may not approve COS as you are not on H1 status (if employer is ready to give you latest 2-3 pay stubs then you are on H1 status) if you are on valid H1 status and your spouse is on valid H1 status then you can file H1 to H4 COS with form I-539 with USCIS.

** You need to read bulletin from Muthry Law office
http://www.murthy.com/bulletin.html
Click to expand...

Thanks Ginnu for responding to my queries...I read ur comments and the Murthy Law Office's bulletin

Employer is threatening that they will issue a terminal letter today effective Nov 2008. They have not yet terminated me as of today. I know the bulletin explains this clearly.

But how do I change my status to a valid H4, given my current situation.

Greatly appreciate your comments
 
Predicaments said:
Thanks Ginnu for responding to my queries...I read ur comments and the Murthy Law Office's bulletin

Employer is threatening that they will issue a terminal letter today effective Nov 2008.
----------------do you have any evidence of employer threatening? do you have any evidence employer asking that you provide a letter that you wre sick. call local DOL and provide the info.


They have not yet terminated me as of today. I know the bulletin explains this clearly.

But how do I change my status to a valid H4, given my current situation.
------------------talk to your lawyer.
Greatly appreciate your comments
Click to expand...
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I agree don't put up with that sort of mistreatment and recover what is rightfully owed to you.
CJ
 
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