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H1 Employer Misguidance - Out of Status

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  • H1 Employer Misguidance - Out of Status

    I got 3 years of H1, later when we amended the petition, we got only 1 year of h1 with I94. My employer misguided me that Amendment's expiration date is not considered but the initial H1 expiration date is taken into consideration. Later he called me 60 days after Amendment's expiration date and said I was out of status from 60 days but can still work, he also ran 2 payrolls when I was out of status.

    Later I spoke to **** ** attorney and I left country immediately and came back on H4. Because of his misguidance I lost my work status and job, is there a way to go legal on him?

    FYI, he also charged me for H1 and Amendment process, I have proofs for these transactions and email conversions. Please advise.

  • #2
    Originally posted by chetansaip View Post
    I got 3 years of H1, later when we amended the petition, we got only 1 year of h1 with I94. My employer misguided me that Amendment's expiration date is not considered but the initial H1 expiration date is taken into consideration. Later he called me 60 days after Amendment's expiration date and said I was out of status from 60 days but can still work, he also ran 2 payrolls when I was out of status.

    Later I spoke to **** ** attorney and I left country immediately and came back on H4. Because of his misguidance I lost my work status and job, is there a way to go legal on him?

    FYI, he also charged me for H1 and Amendment process, I have proofs for these transactions and email conversions. Please advise.
    If the legal team/lawyer has not signed an exclusive contract with you that they will protect your employment status and they would be liable for employment losses then I dont think you have a case against them. You were not forced into signing anything. Not knowing the underlying laws regarding your employment status is no excuse for violating your status. Further, you are not supposed to be paying for your H1 and its amendment.

    This is my opinion not legal advice.

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    • #3
      Thanks Raghvi

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