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Issues with H1 B employer, advise needed

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  • Issues with H1 B employer, advise needed

    Hello all,

    I am on H4 status.I have a MS from US.I have my H1 starting on Oct 1. The employer who filed for my h1b is asking me to turn in a letter of absence starting from Oct 1, because he has no work for me till Feb 2009. He mentioned this to me only before 2 weeks.

    1. Is it legal to do this.

    I have also been having other issues with this employer. He has not given my approval notice or my petition receipt.He says it has to stay with the company.

    2. Is this true, Please advise.

    Because of all this issues, I am trying to find another employer. I have found a job in a Academic Institution. But they want me to join only in January.

    3. Will they have to wait till April to file a new H1 under next year quota.

    4. If they don't have to wait till April, will they need pay stubs to file my H1.

    Please help me in this regard.

    Thanks in advance.

    Sadhvi.

  • #2
    Some one please help!

    I m unable to make a decision. My company lawyer is not able to help me. Please give me your suggestions.

    Comment


    • #3
      Most, but not all academic institutions, can petition for H1B not under the quota. They need to file a new petition. Universities are experienced in this process.

      Your employer is supposed to pay you even if he has no project for you. You need to report him to the DOL.

      In the mean time, you should return to H4 status just to avoid any out of status problems. You reporting your employer to DOL will show that you are attempting to abide by the law. Look through the forums about "leapfrog" procedure.

      If he continues to refuse to provide you with your documents, get a consultation with an immigration attorney not associated with the company and have the new attorney write a letter for you to get your papers.

      Comment


      • #4
        Thanks for your reply C4us. If I understand the Leapfrog procedure right, I need to step out of the country and get a new I -94 using my H4 visa.

        I have a problem in doing this. I don't have my H4 stamped yet. I had moved from f1 to h4. But now it looks next to impossible to find appointments for stamping before Oct 1.

        Is there any consular procedure for a COS to H4.( I will be on H4 till Sept 30 and H1 from Oct 1).

        I am really worried about my Out of Status situation.

        Please help.

        Thanks,
        Sadhvi.

        Comment


        • #5
          You now know why visa stamping is important.

          Comment


          • #6
            Yes C4us. But I know its a late realization. Is it possible for me to do a COS to H4 after my H1 starts. Say on Oct 2nd.

            Please advise.

            Comment


            • #7
              Senior Members please help.

              C4us if you could please look into this.

              What is form i -539. Can i file it now even before my H1 starts, to get back into H4. Can I do it myself or do I have to ask my employer or a attorney to file it for me.

              I am planning to report my employer, So there wouldn't be me many more to join me.

              Thanks

              Sadhvi

              Comment


              • #8
                You could apply for H4 status extension before you enter the H1b status using the same form. Your H4 status ends on Sep 30th and you need to have the extension filed NOW. Once H4 gets to USCIS, you can be fine on a pending extension petition. Talk to a 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


                • #9
                  Hi C4us, txh1b,

                  Thanks for your responses. I have a new turn of events in my case. My Husband 's employer was not interested to file my H4 again, he wanted me to goto India before Oct 1, If I wanted to maintain my status. Luckily, I managed to get an appointment for my H4 stamping at Mexico on Sep 25. I understood from C4us earlier replies how important it is to get it stamped.

                  Now my question is when should I re-enter US to continue to stay on H4. Is it Oct 1 or Oct 2?

                  I am planning to get my stamping on Sept 25 and then travel out again Sept 30 and get back in Oct 1 or Oct 2nd based on your advise. Will this be a good solution.

                  Please advise,

                  Thanks
                  Sadhvi.

                  Comment


                  • #10
                    If your H1b was a COS, you need to leave before Oct1st and enter anytime on or after Oct 1st on a different status to void the COS.

                    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


                    • #11
                      Thanks for all your response (s)

                      1)Can I still get my First time H4 stamping from Mexico on Sep 25 with H1 approved starting on Oct 1.( Mine is F1 to H4. I didnt work on F1 opt for 6 months)


                      2)Is there any probability that if I go to canada to do a leapfrog, they can stop me from re-entering US on H4, as my status (as per their records) would be H1 at that point in time?

                      Thanks for all your help.

                      Sadhvi.

                      Comment


                      • #12
                        I think you do not understand some basics about immigration law. I would suggest that you schedule a 30 min consultation with an attorney and clear up all your doubts.

                        Your status is what you maintain. Them showing H1b on their system is possible only if you enter on a H1b. If you choose to enter on a H4, it will not be a problem as it is your choice. CBP does not force you to enter on a particular status. It rather verifies that the status that you want to enter on is possible or not. In your case, if you have a spouse on H1, you qualify to enter on H4 by all means. You having a H1b or L1 approval does not matter.

                        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


                        • #13
                          I-94 numbers would be different

                          Hello C4us, Txh1b n other senior members,

                          Thanks for your patient replies. I understand the " leap frog" process clearly.
                          But now I have another question abt my I -94.

                          I am going to get my first time H4 stamped from mexico on Sep 25. The I-94 number on which I entered in F-1 status, is the same as the one on H4 -i-797 ( Approved in Jan 08) and H1 I-797 ( Approved May 08 ). But when i come back after stamping, My I-94 would different than the one on my approved H1.

                          Does this play any effect on the automatic COS from H4 to H1.

                          Thanks,

                          Sadhvi.

                          Comment


                          • #14
                            Originally posted by sadhvi
                            Does this play any effect on the automatic COS from H4 to H1.
                            Search for Efren Hernandez memo and read it. It comes into picture which changes your status after entry.

                            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

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