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H1B transfer issue - urgent..please help!!!!

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  • H1B transfer issue - urgent..please help!!!!

    I used to work for a company A and in the month of Feb I have resigned and transferred my H1B to a new company B.The company B has promised me so many things at the joining time and I have heard from my friends that the company is good and so I have transferred my H1B.I received the receipt of the application in the second week of April'08 (The petition was filed at the end of March'08) and then onwards my employer started finding me a project.The worst thing is they never gave me an offer letter and also they mentioned that they can provide the offer letter only after joining a project.So,I requested him to find me a project soon.But,the guy who was trying to find a project for me is very inefficient.He could not arrange any interview calls.He arranged only two calls in two months and then he said that Iam not doing well which was not true..Also,he never responds through email,he only calls always..he makes sure that he never writes an email.he is very unprofessional and whenever I call he used to threaten me that they will cancel my visa any time..They charged $2000 initially for the transfer fee and they never paid a single dollar to me and they have not found any work for me..Now,they say they want to cancel my visa and also they are not going to refund $2000 to me .And the worst thing is they are not giving me my approved I-797 copy .I checked INS site to see if my case was approved and I saw that it was approved.Now,my question is what is they cancel my visa?Do I need to leave the country immediately??Is there any way to get my $2000 back??Please help.......your help will be greatly appreciated.

  • #2
    What kind of proof do you have for the 2k paid? If any, you may have some luck recovering that cost.

    Over and over, tech people desperately pay for the H1b pimps and get into this mess, wantingly.

    The employer is obligated to pay you all the time on a H1b until they revoke your visa. If they do, you fall out of status.

    Check the immihelp mainpage for the procedure to complain against the employer under the H1b section.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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    • #3
      I have the receipt for the payment that was done for $2000.

      Comment


      • #4
        Originally posted by honeyheart
        I have the receipt for the payment that was done for $2000.
        You deserve a pat on the shoulder for that. How about a cancelled check? Now follow WH4 instructions accepting the risk that employer will revoke your visa which again is retaliation against your complaint and it makes that too illegal but no agency enforces that to my knowledge other than DOL.

        You need a status to fight the employer though.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

        Comment


        • #5
          What is your expertize in? and where are you located?
          If you are in California or ready to relocate then I may help you in my company to get a job(ofcourse you will be interviewed first).
          I am not a lawyer and this is not a legal advice. Use it at your own risk. Consult professionals before getting into an action.

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          • #6
            Let me mention one point here..I still have a valid H1B of my past employer..they have not cancelled it..Only problem is that Iam not working for that company now..Also,the current employer is the one who is threatening me that he is going to cancel the visa..Iam also looking for an employer who can transfer the visa immediately so that atleast I can fight the case after that..what would you advise on this?

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            • #7
              You can go back and work for old employer if they have not revoked your H1b and if their petition is valid. Check with your lawyer.

              I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

              Comment


              • #8
                My experise is in Java/J2EE and Iam in Orange County ,california..Right now,my friend has been helping me out with the accomodation and food..I ran out of my savings because of my employer and I really need a job immediately to get back on track and pay my bills on time..Any help in this matter is appreciated..thanks in avance

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                • #9
                  Oh, I am also in Orange county, santa ana.
                  But unfortunately, we have opening for .net technology not Java, etc.

                  Sorry for that.
                  I am not a lawyer and this is not a legal advice. Use it at your own risk. Consult professionals before getting into an action.

                  Comment


                  • #10
                    Don't they provide any training in .NET so that I can learn and get into the job?

                    Comment


                    • #11
                      Unfortunately, my company don't provide any training.

                      But even if you have done a single project in .net, it will help.

                      Another thing, my company is small so they will not involve in transferring your h1b but they will help you to complete all legal formalities with your H1B employer.

                      Let me know what is your take. so that I can get your resume and I will forward it to our MD.
                      I am not a lawyer and this is not a legal advice. Use it at your own risk. Consult professionals before getting into an action.

                      Comment


                      • #12
                        I don't have .Net experience in any project.Thanks for your help anyway..Wish you Good Luck for your future.

                        Comment


                        • #13
                          Originally posted by honeyheart
                          Don't they provide any training in .NET so that I can learn and get into the job?
                          Just some common suggestion. do apply through job portals. Java/j2ee is still demanding tech. I know one of my friend came to US and according to him he sent 1000+ resume copy within 1-2 weeks through job sites and got 10 calls. do search smartly you can get it.

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