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  • H1 withdrawal proof

    Hello,

    I'm not sure if this sounds silly.
    if an employer has decided to withdraw the pending H1 petition, can I ask the employer to send me the copy of the letter / email that was sent by him or an attorney to the USCIS.
    I just want to be sure that the employer has really withdrawn and is not fooling around.

    I know H1 / L1 is an employers petition and they have complete authority to do anything with it. But since, I paid for my H1 (illegal act), can I hold this as a bait to get information on my H1 ?

    Please let me know.

    Thank you.

  • #2
    You are right, its an employer's petition and you cannot force them to provide status and every other thing. You might be asking proof because I guess you have paid for H1b and you want your money back.

    If this is the case, employer would not do that. If he agrees to give you a proof, he will have to return your money back.

    But if you never been out of status then its better to file a complaint with DOL on WH4. They will be more than happy to help you. Especially this is the right time as they are cracking h1b fraud cases certainly.
    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


    • #3
      Thank you for your response.
      Yes, I did pay for my H1b. I need to know if they have withdrawn it or not.
      'm on L1B now. TxH1B discussed the entire case in one of my threads that was posted a couple of days ago.
      I've never been out of status.

      So do you think it would be safe to ask the employer to show me the proof of the H1 withdrawal ?

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      • #4
        So do you think it would be safe to ask the employer to show me the proof of the H1 withdrawal ?
        I dont have different say than TxH1b. He already replied your all the questions patiently. Its time to make decision.
        Last edited by itzprams; 02-21-2009, 12:58 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.

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        • #5
          Thanks.
          In the "details" section of the WH4 form, should I mention about my current L1B status in the US and the name of the employer that I work for ?

          Will my L1 employer come to know about the incidents that are happening in DOL with my H1 case ?

          Please let me know.

          Comment


          • #6
            Could someone answer my question, please ?

            Comment


            • #7
              You are complicating things for no reason and unnecessarily. Why does L1 employer come into picture at all? What is the need to mention about L1 employer on a complaint to DOL when the complaint is against a H1b employer?

              Stick to the facts that pertain to your complaint and don't bring any third parties in to the picture. The complaint should be clear and concise and not throw unwanted and unrelated stuff into it for DOL to pick and sort.

              Stick to the facts and relevant case details and don't bring the entire world into picture.

              A DOL complaint is very simple thing and is definitely not as complex as you think it is. They do not enforce immigration laws and have got nothing to do with your current status though they can report their findings about an employer to USCIS/ICE for violations.

              Don't complicate simple issues and lose sleep over it. Don't launch a rocket when you are supposed to drive a car. Good Luck!

              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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              • #8
                Hello,

                I politely asked my H1B employer to send me the copy of the email where he has asked the USCIS to withdraw my H1B petition.
                He sent me the letter in word doc. I think he must have sent the print through Fed Ex.

                Recently H1B fraud cases were busted and I think that could be the reason where most shady employers are scared.

                Thanks.

                Comment

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