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Employer Threatening of I-797 Revocation

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  • Employer Threatening of I-797 Revocation

    Hi

    My current petitioner has got my I-797 approved for 2010 and has been holding it. he is not exposing any information to me, and when i ask him to give me my approval then he is demanding too much money. he is also threatening me that if will not give him his money then he would revoke my case.

    Is there any way to get I-797 from him without paying money. i already paid money prior he petition for my I-797, and now he is asking for more money after getting approval.

    My former petitioner did apply for H1-B last year for 2009 which got queried, denied and appealed but still waiting for approval. Another question is that,
    If i let my current employer revoke my application then would it affect my H1-B application next year? what would be impact in that case?

    I don't have any written correspondence or communication with him regarding petition which i paid prior application he is not providing me any written communication and want money in cash for the amount he is demanding right now. Can i take any action against him, or can i inform to USCIS in this regard to resolve this matter.

    Thanks for your humble attention in to the matter

  • #2
    --Complain to DOL with all possible evidence against employer i.e. asking for money, bank transactions etc.. Revocation does not cancel your approved petition
    --There would not be any problem applying h1b for next year.
    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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    • #3
      Hi

      I have no bank transaction or any other form of evidence to show that he is asking for money or i paid the money for H1-B, as he only accept money in cash.

      Second thing if he revoke my I-797 i won't be having any work authorisation untill october 2010 conditional upon my approval for FY 2011.

      I am not getting that how the revoked application is not said the cancelled aplication. Can i work for FY 2010 starting October if my current petitioner revokes my approved I-797 before October 2010? If yes than how could i possibly do that having no work authorisation?

      Thanks for your prompt reply itzprams
      Last edited by tech; 08-30-2009, 02:24 PM.

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      • #4
        I have no bank transaction or any other form of evidence to show that he is asking for money or i paid the money for H1-B, as he only accept money in cash.

        --You both are involved into an illegal act.

        Second thing if he revoke my I-797 i won't be having any work authorisation untill october 2010 conditional upon my approval for FY 2011.

        I am not getting that how the revoked application is not said the cancelled aplication. Can i work for FY 2010 starting October if my current petitioner revokes my approved I-797 before October 2010? If yes than how could i possibly do that having no work authorisation?

        --If you cannot prove that you were cap counted then you cannot switch to any other employer.
        --You cannot start working for the petitioner if your petition is already revoked by him.
        --Its hard to answer your questions without complete details like where are you located now. Was it change of status.
        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

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