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Please help..Employer not responding to RFE. grace period expiring soon...

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  • Please help..Employer not responding to RFE. grace period expiring soon...

    Hi, I applied for H1 visa through a contracting company and was selected in the lottery. After few weeks, got notification that case is on hold and RFE was sent to employer. He earlier said that the RFE was responded well in Jul end only but status is yet not updated. Few others who filed through same employer got the status as petition withdrawn which suggests that employer is not interested in sending the reply for RFE.
    Grace period for my case will be getting over in a week and I believe that employer has not responded and just fooling me around. He is just waiting for the deadline to be over.

    Is there anything which can be done. I asked him to consult some good immigration attorney but he wasn't much interested though he admitted that his attorney has submitted the withdrawl application for all the cases but I believe that withdrawl will result in blacklisting his company as well.

    Please suggest if there is any possible way to save my only chance here..

  • #2
    H1b is employer's petition and if they choose to NOT respond, there is not much you can do. You are at the mercy of the employer.

    If you paid money for the H1b, learn your lesson that it is illegal to pay for the H1b and complain to DOL on a WH4 form. Look on the forum for the details using the search or immihelp main page under H1b section has the details on how to complain.

    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


    • #3
      Applying for H1B is a business for some of the consultant companies.
      They are very well aware that case will end up with RFE.

      In that case they will not return your money. They have good reason to tell you i.e. Attorney and filing expenses are covered in that money.

      go here

      Last edited by itzprams; 09-13-2008, 10:55 PM.
      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


      • #4
        Hi itzprams,
        Why he can not do really anything? As txh1b suggested, let him complain o DOL on a WH4 form. Please do not discourage people by your post.

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