h4 - h1 - h4 - Need urgently please

[sobbysoprano]

I am in US and have H4 till Sept 2015 .

I got H1b visa approved in Oct 2014 by employer.I am pregnant and in my 7th month now.I cannot work travel/relocate for work under the current situation.

1. My employer is cancelling my visa Because I did not join the company on Oct 1. If this happens what is my current status i am worried . Will my status automatically change back to H4? Or will I be out of status?

2. How can I get all my visa documents from the current employer I797 and I94. They refuse to share it because I did not join the company.
USCIS,DOL,lawyer - who can help me ?

[raghvi]

I am in US and have H4 till Sept 2015 .

I got H1b visa approved in Oct 2014 by employer.I am pregnant and in my 7th month now.I cannot work travel/relocate for work under the current situation.

1. My employer is cancelling my visa Because I did not join the company on Oct 1. If this happens what is my current status i am worried . Will my status automatically change back to H4? Or will I be out of status?

2. How can I get all my visa documents from the current employer I797 and I94. They refuse to share it because I did not join the company.
USCIS,DOL,lawyer - who can help me ?

Well, the fact that you were pregnant should have been shared with the employer few Months back and then they should have been told not to file a H4 to H1 as Change Of Status? Or converted COS to Consulare processing. Did you do your part in informing them in a written email?

1. If H4 to H1 was filed as COS and its approved, then you not working for them already makes you out of status.
2. The employer is not bound to share with you the I797. But at the same time if you have informed the employer about your pregnancy earlier, I believe , you can join them and go for FMLA and unpaid medical leave, am sure if employer is willing something can be worked out, if not, DOL complain can be filed if you had done your part earlier otherwise things would need a lawyer.

This is my opinion not legal advice.

[sobbysoprano]

Well, the fact that you were pregnant should have been shared with the employer few Months back and then they should have been told not to file a H4 to H1 as Change Of Status? Or converted COS to Consulare processing. Did you do your part in informing them in a written email?

1. If H4 to H1 was filed as COS and its approved, then you not working for them already makes you out of status.
2. The employer is not bound to share with you the I797. But at the same time if you have informed the employer about your pregnancy earlier, I believe , you can join them and go for FMLA and unpaid medical leave, am sure if employer is willing something can be worked out, if not, DOL complain can be filed if you had done your part earlier otherwise things would need a lawyer.

This is my opinion not legal advice.

Yes i have emailed employer in August about my pregnancy and asked to cancel the visa but employer still went ahead with process .

Since i dont have documents about my H1B , i am not sure if its COS .