H1B Revoked. can I transfer or get new one without Quota?

rajdhingra

Registered Users (C)
Hello All,
I am in desperate need of help. My employer has revoked H1B visa and has not paid me any salary since I joined them (for last 6 months or so) and therefore no pay-stubs. Now, I have found another company who might be willing to do my H1. I'm not sure if I fall under the quote or not. Which option is better -
1. Should the new employer apply a fresh H1? Will that be considered under quota?
2. Should the new employer transfer the H1? Is it possible to do without paystubs from previous empoyer?


Is there any other option available to me?

Thanks
RD
 
rajdhingra said:
Hello All,
I am in desperate need of help. My employer has revoked H1B visa and has not paid me any salary since I joined them (for last 6 months or so) and therefore no pay-stubs. --------- Do you know for sure when they revoked the H1-B. B'coz you are illegal/out of status from that day.

Now, I have found another company who might be willing to do my H1. I'm not sure if I fall under the quote or not. Which option is better -
1. Should the new employer apply a fresh H1? Will that be considered under quota? ------------ You cannot even apply if you are not in a legal status and the previous H1 should be valid and not revoked.

2. Should the new employer transfer the H1? Is it possible to do without paystubs from previous empoyer? --------- Now a days it is a must.


Is there any other option available to me? ------------ Ask your employer to pay up the wages for the last six months plus the return ticket to your country.

Thanks
RD
 
ginnu said:
hathwar is correct


When was the H-1B cancelled? If more than six months ago, you may have a mandatory bar if you leave to regain your status. Since you are out of status it is very unlikely that you will be permitted to regain status without leaving the US.
 
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