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Urgent Plz help

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  • Urgent Plz help


    I need urgent help. I am on F1 Visa and currently on OPT. My H1 was filed by consultant and it got approved. Now I got full-time job at some other company and I need approval notice for H1 transfer. Consultant is denying to give me approval notice and he is demanding money for that. He has also not paid me for last month while I was on project. What options I do have for H1 transfer?
    He is also threatening me to withdraw my H1 if I do not pay him. Can he really withdraw H1 ? I have my receipt number with me and according to that my approval notice has been send in beginning of June.

    I am in confusion what to do.

  • #2
    If that receipt number indeed belongs to you, you can transfer the H1b with a online printout of the same to prove your cap count.

    Do not pay anything to your employer. Start creating a written communication with the employer.

    Say that you are asking for a receipt and for the H1b approval copy as that contains your I-94 and you are asking me to pay $XYZ for the same. I just want to ensure that the details provided in my email are right. If you disagree to any of these, respond to me by email by XYZ date otherwise I will consider that you are asking for this amount in return for my H1b papers and documents.

    This should make your employer shit in his pants as you are creating a written trail.

    Employer can withdraw the petition and as long as you have a transfer request filed before Oct 1st, that revoke will not impact anything. For your own good, get the new transfer done using PP.

    I've personal experience in this regards and it will work.

    If they are not paying you on OPT, no big deal for H1b transfer. Employers are required to pay for any services rendered. Look at your state DOL and complain with proof of your timesheets etc.

    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.