H1B Cancelled please help

K

kaneha

Registered Users (C)
Here's my situation

The company says that they cancelled my h1b in 2003 dec.
And after that whatever I did they paid me cash and or some payments in India.

1) I went to one lawyer(7 years Experience) and he said not to apply for H1 transfer since the company has already
1.1) sent a cancellation letter.
1.2) and I dont have an pay-stub

2) Went to another lawyer(13 years experience) and he said that to apply for H1 transfer in California itself since
2.1) California does not require Pay-stub
2.2) And might be they did not poay attention to that cancellation letter since till; now I have not recevied any notice from INS for cancellation of my visa.

Please guide me as to
3) whom should I beleive? and
4) What should I do?
 
kaneha said:
Here's my situation

The company says that they cancelled my h1b in 2003 dec.
And after that whatever I did they paid me cash and or some payments in India.

1) I went to one lawyer(7 years Experience) and he said not to apply for H1 transfer since the company has already
1.1) sent a cancellation letter.
1.2) and I dont have an pay-stub

2) Went to another lawyer(13 years experience) and he said that to apply for H1 transfer in California itself since
2.1) California does not require Pay-stub
2.2) And might be they did not poay attention to that cancellation letter since till; now I have not recevied any notice from INS for cancellation of my visa.

Please guide me as to
3) whom should I beleive? and
4) What should I do?
Click to expand...

OK . Tell me the validity of your last I 94 with you.

If your company sent the cancellation letter to INS, in Dec 2003, what did you do from that date, which company? Who paid your salary?

We need these information to guide you further.
 
I worked for only one employer i.e. CompanyA

The I-94 is valid till this h1B, i.e., till Sept. 15' 2005 and is from companyA

I have and still work for CompanyA and in end of 2003 we had major diffenreces and I had arguments with the management and in the heat of those arguments the CEO cancelled my H1B, I think.

But till date they didn't tell me and did not send me any notice or whatsoever.

Now when my H1B is ending so I aksed these people.
I have been working for CompanyA only and was paid in cash and some payments in India. I have never ever worked for any other company.
 
alkmt said:
The I-94 is valid till this h1B, i.e., till Sept. 15' 2005 and is from companyA

I have and still work for CompanyA and in end of 2003 we had major diffenreces and I had arguments with the management and in the heat of those arguments the CEO cancelled my H1B, I think.

But till date they didn't tell me and did not send me any notice or whatsoever.

Now when my H1B is ending so I aksed these people.
I have been working for CompanyA only and was paid in cash and some payments in India. I have never ever worked for any other company.
Click to expand...

Having valid I 94 you are authorized to stay in US with your admitted status. The renewal or changeing the sponser may be problem if you do not have pay stub fro m the comp A.

If your CEO cancelled your H1, he supposed to laid -off you and send back to home country by providing the ticket. After cancelling H1 if he himself employs you, he will be in trouble.

Now what you want ot do, if you want to transfer to other company still you can do it before your I 94 expires.
 
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