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H4 to H1 COS approved...employer again says he will revoke

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  • H4 to H1 COS approved...employer again says he will revoke

    Hi,
    I came to US on H4 status. My employer filed my H1b last year and it came without I94. I struggled to find a client project so that i can come on H1. My employer then filed my COS H4 to H1 and it got approved with a start date of June 9 2014. But till the time i got my H1B approved, the project start date was over and i couldn't join the client project for which my H1B was filed. My questions here are:

    1. My employer says he will not pay me for some initial days of H1. Is that legal?
    2. He is not sharing the petition with me. Is this legal?
    3. Is my legal status in US H4 or H1?
    4. Since i couldn't join the client project for which my H1b was filed and now i am looking for another project, my employer is asking a letter from me saying that i did not join the project. What would he do with the letter? Is he planning to revoke my h1b?
    5. What options do i have now?

    Please reply to my questions at the earliest possible.

    Thanks,
    Neha

  • #2
    Originally posted by neha2508 View Post
    Hi,
    I came to US on H4 status. My employer filed my H1b last year and it came without I94. I struggled to find a client project so that i can come on H1. My employer then filed my COS H4 to H1 and it got approved with a start date of June 9 2014. But till the time i got my H1B approved, the project start date was over and i couldn't join the client project for which my H1B was filed. My questions here are:

    1. My employer says he will not pay me for some initial days of H1. Is that legal?
    2. He is not sharing the petition with me. Is this legal?
    3. Is my legal status in US H4 or H1?
    4. Since i couldn't join the client project for which my H1b was filed and now i am looking for another project, my employer is asking a letter from me saying that i did not join the project. What would he do with the letter? Is he planning to revoke my h1b?
    5. What options do i have now?

    Please reply to my questions at the earliest possible.

    Thanks,
    Neha
    You should complain to DOL

    https://www.immihelp.com/h1b-visa-em...int-procedure/

    This is my opinion not legal advice.

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