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H1B document not handed during departure to India to employee

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  • H1B document not handed during departure to India to employee

    My cousin recieved his H1 B status in October 2008,eversince his employer(consultancy) has'nt been able to seek projects,therefore,was jobless for nearly 6 months.Mid-April 2009, the employer(consultancy), asked him to leave for India.He has'nt even given him the H1 document to carry,stating that they provide H1 to the employee once he is employed - as in begins to work on a project.
    Now,in the future, if the market picks up, the employer wld send a letter stating that due to economic recession,the employee had to leave the country n now that the market is improving,would state that he return to work.And wld also send the H1 document at the time of stamping(only after the job market improves).
    - Firstly,he has no H1 document
    - No paystubs
    -And how supportive would the letter be?

    What options does he have? Does he even stand a chance to avail an H1 transfer and if so,could he transfer without a H1 document from India?
    Thanks ahead to all

  • #2
    He should complain to DOL using a WH4 form.

    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.