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Results 1 to 5 of 5
  1. #1

    Default Urgent help required!!!H1 approval notice not given by employer

    Hi,
    My H1B was filed by a consultant this year and it got approved in August 2007.I got married in September 2007 and my spouse is on H1b.The consultant who filed my H1B told me to come to US in H4 and later get the status changed to H1B in US.So I came to US in H4 2 weeks back.Now I have got offers of permanent position in another company and they are ready to do a H1 transfer,but the consultant who had filed my H1 is not ready to give my approval letter,he is demanding lot of money to give the same.Please advice me what to do in this situation as i dont want to lose my approval as the probability of me getting a H1 again next year is very less because of the lottery system.Somebody plz help me out

  2. #2
    Join Date
    May 2007
    Posts
    403

    Default

    He cannot threaten you like that. I have my doubts on the H1 because if he has the H1 why did he ask you to come in H4 in the first place? No where you have mentioned that you changed from H4 to H1.My understanding is you are in the US now on H4 and found this new opportunity on H4 and you want your consultant to do the transfer.For starters he cannot ask you money or anything, you havent even come in his H1 because you came on H4 and through your wife's H1. I dont think he has done your H1 at all.Ask him to show the H1 approval.These indian consulting fellows have to be shot and thrown in the atlantic and be made to freeze to death.Sickos. Report him to DOL if the beggar makes noise.Again you are not on H1 from what I read in your post and he cannot even demand money in any case.Correct me if am wrong your H4 is through your wife's H1 who is working for someone else.There is no question of transfer here if this idiot hasnt done the H1 for starters.He is talking BS. I dont think you are under any control of him because you are on H4 and not his stupid h1.Leave these indian-consulting companies...they are big liars and frauds..period and sweet-talkers. Dont work for them,they show their true color just like back at home. See if your new company can do the H1 but I guess they can do it only next year. Look for jobs in NGO'S and non-profits they can do your H1 from scratch any time of the year.This is a fast way to get your H1.I recommend this. higheredjobs is a good site to look at and even careerbuilder. I want to add that you are under no obligation to work for this guy because you are not on H1 at all and on H4.You can report him to DOL and USCIS(dont know if this helps).Just throw mud on this fool's face and move on.I personally HATE indian-consultants to the core coz of my experience with them and go and look at the different topics..you will know how these morons behave.
    Last edited by topcatin; 12-06-2007 at 09:13 AM.
    Note that this is not a legal advice. Consult your immigration attorney for the best upto-date information.

  3. #3
    Join Date
    May 2007
    Posts
    403

    Default

    You can set a deadline for him to hand over the approval and then report him to DOL and USCIS. He cannot really do anything because you are not his employee for starters.This is if he has really filed your H1. Call the dept of state and with your reciept you can find out who filed and for whom. I have my doubts,many of these shady consultants simply give a reciept number.
    And you can find out in that way whether really it was done in your name. And I think for transfer if you have a copy or no need of copy too.Find out about this. Yes NGO's do H1's but you need to really search.Pay may be less compared to commercial but you get the peace of mind which is priceless. This fellow cant do anything.Tell him that you are going to report him to DOL for not giving the approval and the money he has taken for H1. You need to report this guy to DOL in any case to claim your money.I hope you have proof that he took this money from you.Dont panic,he cant do anything.
    Send him a registered post,because then he will know you are serious and send him a email too.Let him know that if you dont get a reply in 1 or 2 weeks you have assumed he is not doing anything about it and that you will report him to DOL and USCIS. FIRST find out whether that application is in your name.These beggars simply try their scare tactics..thinking we dont know the laws.
    Note that this is not a legal advice. Consult your immigration attorney for the best upto-date information.

  4. #4
    Join Date
    May 2007
    Posts
    403

    Default

    Again there is no cancelling and stuff,because you are still not 100% sure this is your application.He has no choice but to hand over if you have a opportunity knocking your door.He cant hold like that.Acting like a 5 yer old.Wonder how these fools make it even to the US.
    Note that this is not a legal advice. Consult your immigration attorney for the best upto-date information.

  5. #5
    Join Date
    Oct 2007
    Posts
    339

    Default

    From the employer perspective, they spent 2-4K for this h1b, they very well know, if they give your H1 approval notice you will transfer it to other company without any pain.

    While applying h1 for you, they may have project for you, right now they may not have any project for you.

    They have the right not give the h1 to you instead they can surrender it to USCIS or try to get another one based on this cancellation

    Since you are in H4, approved H1 ( I hope it is not a transfer) do not have any adverse effect on future capped H1.

    -----------------------------------------------------------------------

    Quote Originally Posted by topcatin
    Again there is no cancelling and stuff,because you are still not 100% sure this is your application.He has no choice but to hand over if you have a opportunity knocking your door.He cant hold like that.Acting like a 5 yer old.Wonder how these fools make it even to the US.

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