hani8333

H1 to H4 and again H1

4 posts in this topic

Hi

I have my h1b visa approved by Oct'2016 with a local US consultancy firm. I was in USA during this time but due to some reason I was not able to get any project . My employer said she will revoke petition on March 2017.   During mid March my employer gave me only a leave letter and suggested to file COS to H4 immediately.  I did so and received a receipt for change H1 to H4.  (I have not traveled outside US during this time)

Now my questions are as follow:

How can I start working again ?

Do I have to wait for next 6-8 months to have H4 COS to be approved and then look for a job?

Are there any work around to go back to H1 status if I get a job immediately. Like I have one opening right now.

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You should be aware that the sponsor has a job for you and needs to pay you till the H1 petition is revoked. Your COS may be denied as you were not in status by virtue of not working or getting paid in H1 status. You should complain about her to the Federal DOL and also claim back wages. You should discuss your case with a lawyer, maybe the firm of Murthy.

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Hi

Thank you for the advice, to be honest I don't want to take any legal step here and its been more than 2 months.

Only I'm looking forward to work soon, please advice on that.

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51 minutes ago, himanshu24 said:

Hi

Thank you for the advice, to be honest I don't want to take any legal step here and its been more than 2 months.

Only I'm looking forward to work soon, please advice on that.

Without getting paid, you likely won't be able to get back to H1.

File a complaint with DOL on form WH4. It's the right thing to do, and with a pending WH4 it is possible to transfer the H1.

 

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