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  • Cancel H1

    Hello,

    I recently got my H1 in Nov 2014. I was not in project for first initial 3 months. Then my employer put me in the inhouse project promising for gaining technical experience. But I was given admistrative job also I was disrespectfully treated. I was never run a pay stub. In this case, I told that, I will find the job myself. My question is,
    "1. What are the chances that he can cancel my H1 out of vengence?
    2. If he cancel my H1, will I be notified by USCIS/DOL?
    3. Between the period of my employer cancels my H1 and my husband apply my H4, how long will it take? Then my stay in U.S. within that period is legal or illegal?
    4. In that case, I will go back to H4. My husband is a H1 B holder. should my husband has to apply for my H4.
    5. If I am applying for H4- should I need my paystub?
    6. If my employer cancels my H1 and I got a job next week, then what happened to my status?

    Whom should I enquire?
    I want to take precautionary act before anything goes wrong. Please help me. Also, if I am not aware of any critical information out of ignorance, Pls explain as well.

    Thanks.

  • #2
    Originally posted by chendesu79 View Post
    Hello,

    I recently got my H1 in Nov 2014. I was not in project for first initial 3 months. Then my employer put me in the inhouse project promising for gaining technical experience. But I was given admistrative job also I was disrespectfully treated. I was never run a pay stub. In this case, I told that, I will find the job myself. My question is,
    "1. What are the chances that he can cancel my H1 out of vengence?
    2. If he cancel my H1, will I be notified by USCIS/DOL?
    3. Between the period of my employer cancels my H1 and my husband apply my H4, how long will it take? Then my stay in U.S. within that period is legal or illegal?
    4. In that case, I will go back to H4. My husband is a H1 B holder. should my husband has to apply for my H4.
    5. If I am applying for H4- should I need my paystub?
    6. If my employer cancels my H1 and I got a job next week, then what happened to my status?

    Whom should I enquire?
    I want to take precautionary act before anything goes wrong. Please help me. Also, if I am not aware of any critical information out of ignorance, Pls explain as well.

    Thanks.

    One should always check the history of an employer before accepting H1 sponsorship.And even after joining , if one is not treated properly one has the right to complain against the employer to DOL and seek redress. Delaying the process so long only hampers you.

    Without payroll being run for last 6+ Months you basically are out of status, such long out of status period can be very negative for your future visa processing.

    1. It does not matter even if he cancels . But if USCIS revokes the petition, which they may eventually do as the employer didn't have any basis to petition you in the first place, sinc ethey didnt have any work for you. In that case, you would need to re do the entire H1 process for another employer.
    2. Without notifying USCIS he cannot revoke the H1.
    3. As already said, you are already out of status with no payroll being run.
    4. You dont automatically go back to H4, you become illegal and out of status.
    5. Yes you would need pay stubs as they prove your valid H1 status currently.
    6. I have to repeat myself, you technically are already out of status.

    I dont think it will be fruitful to try an employer change, or a H4 while staying in US. USCIS will reject both as you currently are not in a valid status. You can either leave US, and return on a valid H4 visa and hope to clean up the history and start afresh. OR you can also try complaining against the employer to the DOL but that will involve you to seek legal help.

    This is my opinion not legal advice.[/B]

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    • #3
      Thank you so much. I first prepare to go out of U.S

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