Unique H1B situation

[H1B_in_dumps]

no paystubs-no H1B documents- H1B revoked

Hello everybody,

Let me start by thanking you all for this amazing forum.

I got a very disturbing situation.

Details:
B.S in comp sci completed in Dec 2001
M.S in comp engg completed in April 2004.
OPT from May 30th 2004 - May 29th 2005
H-1 approved in Oct 2004.
H-1 start date March 2005

The software consultancy company 'ABC' cancelled my H-1 without informing me around end of June 2005 and so far has not provided me with an airfare ticket. I got to know abt the cancellation few days back by persistent calling them.

The company 'ABC' did not provide me with my copies of approval papers and i-94 and not even the photocopies either. You must be wondering how i know abt the approval date and start date. Well, they informed me abt that over the phone. In fact i got nothing in writing abt the H-1 related documents. Now, they are not willing to give any of them to me. I asked them to atleast fax me the cancellation letter as proof which they had send to USCIS Service center but they did not agree to that either. I checked the status online using the EACxxxx number and it says that my petition was approved in Oct 2004 and mailed to the employer. During the period from March 2005 - June 2005, i wasnt placed on any projects, so do not have any pay stubs either.

Now, i dont know if any other company could file for my H-1 without requiring the previous documents but i am thinking they might not. what do u guys think??

The funny part is that the company 'ABC' is willing to reapply for my H-1 but would want me to go through the consular processing in India. I am not really sure what has to be done at this juncture and what are my chances. I havent been to India for past 5 yrs and my F-1 visa had expired in June 2002. I was never out of status on my student visa.

Just a hypothetical scenario : If they are willing to provide me with paystubs and keep me on payroll after the termination letter would that help as the termination letter has not been processed yet by USCIS ( inferring from the status provided online).

I have been to couple of attorneys and each one has a different opinion to give. Going to Chennai or any consulate in India with this record, i am not sure if they would even listen to me.

If anybody has an idea of what course of action would be best and any information would greatly help me.

Thanks,

dumped by employer.

 

[great guru]

Hello everybody,

Let me start by thanking you all for this amazing forum.

I got a very disturbing situation.

Details:
B.S in comp sci completed in Dec 2001
M.S in comp engg completed in April 2004.
OPT from May 30th 2004 - May 29th 2005
H-1 approved in Oct 2004.
H-1 start date March 2005

The software consultancy company 'ABC' cancelled my H-1 without informing me around end of June 2005 and so far has not provided me with an airfare ticket. I got to know abt the cancellation few days back by persistent calling them.

The company 'ABC' did not provide me with my copies of approval papers and i-94 and not even the photocopies either. You must be wondering how i know abt the approval date and start date. Well, they informed me abt that over the phone. In fact i got nothing in writing abt the H-1 related documents. Now, they are not willing to give any of them to me. I asked them to atleast fax me the cancellation letter as proof which they had send to USCIS Service center but they did not agree to that either. I checked the status online using the EACxxxx number and it says that my petition was approved in Oct 2004 and mailed to the employer. During the period from March 2005 - June 2005, i wasnt placed on any projects, so do not have any pay stubs either.

If you have EAC number and have another sponser you can try to transfer to new sponser. For paystub, you can inform INS through attorney, the old sponser does not have any job for you.

How can you trust the guys who is behaving likes this for a second H1?. If you go to India , getting H1 stamped will be real hassel unless you prove that you are in job after your first H1 in force with pay stub/w2 etc.

Now, i dont know if any other company could file for my H-1 without requiring the previous documents but i am thinking they might not. what do u guys think??

The funny part is that the company 'ABC' is willing to reapply for my H-1 but would want me to go through the consular processing in India. I am not really sure what has to be done at this juncture and what are my chances. I havent been to India for past 5 yrs and my F-1 visa had expired in June 2002. I was never out of status on my student visa.

Just a hypothetical scenario : If they are willing to provide me with paystubs and keep me on payroll after the termination letter would that help as the termination letter has not been processed yet by USCIS ( inferring from the status provided online).

I have been to couple of attorneys and each one has a different opinion to give. Going to Chennai or any consulate in India with this record, i am not sure if they would even listen to me.

If anybody has an idea of what course of action would be best and any information would greatly help me.

Thanks,

dumped by employer.

 

[H1B_in_dumps]

Great guru,

thanks for ur reply. I am new to all this H1B stuff. Might sound repetitive from my earlier msg, wouldnt i need my previous H1B papers and i-94 and paystubs to reapply with a new employer. how do i explain the period of July 2005 to present date to USCIS??

Please let me know.

dumped !!

 

[great guru]

Great guru,

thanks for ur reply. I am new to all this H1B stuff. Might sound repetitive from my earlier msg, wouldnt i need my previous H1B papers and i-94 and paystubs to reapply with a new employer. how do i explain the period of July 2005 to present date to USCIS??

Please let me know.

dumped !!

You have already your I 94, that number not going to change, until you go out and come back.

For H1 you have EAC number that is sufficient.

Pay stub , already answered.