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Employer not giving H1 approval, i-94

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  • Employer not giving H1 approval, i-94

    Hello, my employer is not giving me the H1 approval document. How what my options? Can I get a duplicate copy from INS - i have a wac number? Can I file a complaint with DOL or uscis ? Please let me know.

  • #2
    You don't have any options. However, if it was a COS, you can complain to DOL that they are not paying you and they will make them pay.

    USCIS will NOT issue you a duplicate as H1b is employer's petition.

    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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    • #3
      Hi - It was a COS. Today, my employer informed that he is applying to get the H1 cancelled. He says that you were never employed with me even though the h1 started on 10/1. Is my old visa h4 still valid as i never officially started working for this employer?

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      • #4
        Visa is valid but not your status. You will be illegal now after the H1 is revoked. Read other posts on the forum.

        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


        • #5
          You need to complain to DOL asap in order to get backwages and after that is filed, apply for COS to H4 using that complaint receipt. Talk to a lawyer.
          This is my opinion and not legal advice.

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