Hi friends,
I started working with a US employer, on a new H1b visa, on Oct 01 2008. He was paying me less than LCA so I filed a WH4-DOL complaint against him in July 2009. In September 2009 a DOL investigator was assigned to me. After letting him know the whole situation, I resigned from the company and came back to my home country in Sept 2009. The DOL investigation is still going on. I just had these questions:-
1) Presently, I am planning to look for a good employer to start working back on H1b. My H1b
is stamped till Sept 2011. I have read in these forums that DOL investigation puts a person back into status. So, do I need to search for an employer while being here in my home country
----------------- while you are out of US find US employer who can file H1 for you and once H1 gets approved then get H1 visa and can enter US.
or can I travel back to the US on my Stamped H1b visa and look for an employer while in the US?
-------------------NO. that Visa stamp was based on past employer H1 approval and that employer has revoked your H1 petition.
2) When I left US, the airport authority there forgot to take off my I-94 from my passport.
---------------IT was your duty to give your I-94 at airline counter and according to CBP/USCIS record you are still in US.
So, do I need to send that back to the US to prove my exit from the country
------YES. write a Cover letter that you departed US on date.... by Flight Number, Airline Name, US Airport name from where you took Flight, attach the copy of passport Page that has your name, DOB, Photo and the page that has Entry stamp to your home country+ I-94 (keep the copy of letter and copy of I-94 front and back with you). if you have Boarding pass attach the copy. Write your Full name, Date of Birth.
You are required to complete the back of the card listing the port of
departure and date of departure from the United States and the
carrier/flight information. The I-94 together with a letter of
explanation and evidence of your departure from the U.S. should be sent
to
ACS - USCIS, SBU, P.O Box 7125,
London, KY 40742-7125,
USA
or can I bring it with me whenever I return back to the US and submit it at the port of entry?
3) The DOL investigation is still going on, but at a snail's speed. Would my presence back in the
US speed up the DOL process or it's just how it goes?
Thanks in advance for your help.
https://help.cbp.gov/app/answers/detail/a_id/752
How to record departure from the United States after the fact.
Updated 03/26/2010
I did not turn in my I-94 when I left the U.S., what should I do?
If you returned home with your Form I-94 (white) or Form I-94W (green) Departure Record in your passport, it is possible that your departure was not recorded properly.
If you departed by a commercial air or sea carrier (airlines or cruise ships), your departure from the U.S. can be independently verified, and it is not necessary to take any further action, although holding on to your outbound (from the U.S.) boarding pass - if you still have it - can help expedite your reentry next time you come back to the United States.
If you departed by land, private vessel or private plane, you will need to take steps to correct the record. If you do not validate your timely departure from the United States, or, if you cannot reasonably prove you departed within the time frame given to you when you entered, the next time you apply for admission to the U.S., Customs and Border Protection (CBP) may conclude you remained in the U.S. beyond your authorized stay. If this happens, your visa may be subject to cancellation or you may be returned immediately to your foreign point of origin.
Under the Visa Waiver Program (VWP), visitors who remain beyond their permitted stay in the United States cannot reenter the U.S. in the future without obtaining a visa from a U.S. Consulate. So if you are a Visa Waiver Program visitor who traveled by land to either Canada or Mexico for an onward flight, it is particularly important for you to register your timely departure if your green I-94W was not taken when you exited the U.S. If you fail to do so and you arrive at a U.S. port of entry seeking admission under the Visa Waiver Program without a visa, CBP Officers may order your immediate return to a foreign point of origin. If you are a VWP visitor and you left the U.S. by an air or sea carrier, you don't need to worry.
If you failed to turn in your I-94 Departure Record, please send it, along with any documentation that proves you left the United States to:
DHS - CBP SBU
1084 South Laurel Road
London, KY 40744
Do not mail your Form I-94 Departure Record or supporting information to any U.S. Consulate or Embassy, to any other CBP Office in the United States, or to any address other than the one above. Only at this location are we able to make the necessary corrections to CBP records to prevent inconvenience to you in the future. The London, Kentucky office does not answer correspondence, so please do not ask for confirmation that your record has been updated.
To validate departure, CBP will consider a variety of information, including but not limited to:
•Original boarding passes you used to depart another country, such as Canada, if you flew home from there;
•Photocopies of entry or departure stamps in your passport indicating entry to another country after you departed the United States (you should copy all passport pages that are not completely blank, and include the biographical page containing your photograph); and
•Photocopies of other supporting evidence, such as:
•Dated pay slips or vouchers from your employer to indicate you worked in another country after you departed the United States,
•Dated bank records showing transactions to indicate you were in another country after you left the United States,
•School records showing attendance at a school outside the United States to indicate you were in another country after you left the United States, and
•Dated credit card receipts, showing your name, but, the credit card number deleted, for purchases made after you left the United States to indicate you were in another country after leaving the United States.
To assist us in understanding the situation and correct your records quickly, please include an explanation letter in English. Your statement will not be acceptable without supporting evidence such as noted above. You must mail legible copies or original materials where possible. If you send original materials, you should retain a copy. CBP cannot return original materials after processing.
We strongly urge you to keep a copy of what you send to DHS-CBP and carry it with you the next time you come to the United States in case the CBP Officer has any questions about your eligibility to enter. Carrying those materials with you will also allow your record to be corrected at the time of entry if, for some reason, the London, Kentucky office has not yet done so.
If taking short trips (30 days or less) to Canada, Mexico, or the Caribbean Islands during the course of your visit to the U.S., hold onto your I-94 or I-94 (W); it should only be turned in when you leave the U.S. to return home.
Delays beyond the traveler's control, such as cancelled or delayed flights, medical emergencies requiring a doctor's care, etc. are not considered unauthorized overstays, however, you will need to bring proof of the cause of your overstay next time you travel to the U.S. in order for it to be forgiven. For airline delays, ask the airline for a letter affirming the delay or a copy of your cancelled boarding pass.
--------------------
https://help.cbp.gov/app/answers/detail/a_id/752