Questions on revoking H1B


Kanchan123

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I got H1B after COS from H4 to H1 but the contract with the client got cancelled. My employer will soon revoke the H1B as per him, with a back date saying that the contract did not go through. My questions are 

a) He has to send a mail to revoke this. Will I come back to H4 status as soon as the mail is sent from the employer's end? Or will I get some kind of receipt notice and H1B will be voided only after that receipt?  
b) I might get another opportunity; which could be quite promising; but will get to know about it in about 10 business days. How much time I can wait before we can send the revoke notice? 
c) What if I get a confirmed opportunity after the revoke notice is sent? Does the employer then again need to do a COS from H4 to H1B? 
d) The I-797 approval notice which I have received for the COS approval, will that be invalid after the H1B is revoked/reinstated? Or do I need to show this approval notice for my future COS petitions? 
d) I am thinking to go back to India and come back on H4 in case nothing works out. Do I need to wait for some kind of processing from the employer before I can go? 
e) The employer is also asking for the H1B cost he paid. I had paid the premium processing cost and the attorney fee and have not signed any such contract. I believe it is illegal for him to ask me to give him the whole H1B cost. What can I do in such a scenario? 
f) Is there is something I can do from my end to go back to my previous status H4 and make this H1B void/invalid; since the contract did not go through?

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Thinking to leave the country and come back on H4. I have not worked for the employer at all because the contract got cancelled just after we received the approval  notice. Do I still need payslips from the employer or if I come back on stamped H4 from another country, that should be fine and should not impact any future petitions or COS ?

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If you didn't start working for the employer, it may be that you are not considered counted in the quota, i.e., a new employer would have to file in next year's quota,

And the employer can't ask for money for the H1. File a complaint with DOL on form WH4.

And next year, find a real employer, not a shady consulting company.

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Thinking to leave the country and come back on H4. I have not worked for the employer at all because the contract got cancelled just after we received the approval  notice. Do I still need payslips from the employer or if I come back on stamped H4 from another country, that should be fine and should not impact any future petitions or COS ?

Without working for employer who filed your cap subject H1B petition you cannot transfer later to a new employer. If that is the case you are not cap counted and need to go under cap again.

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He had filed a cap exempt petition as I already had an H1B petition earlier, went back to H4 and now he did a COS from H4 to H1 using cap from the previous petition. I have not yet completed 6 years from that previous cap. I believe I will still be cap exempt when I try to do the COS later. Please correct if wrong.

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He had filed a cap exempt petition as I already had an H1B petition earlier, went back to H4 and now he did a COS from H4 to H1 using cap from the previous petition. I have not yet completed 6 years from that previous cap. I believe I will still be cap exempt when I try to do the COS later. Please correct if wrong.

You are correct.

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He had filed a cap exempt petition as I already had an H1B petition earlier, went back to H4 and now he did a COS from H4 to H1 using cap from the previous petition. I have not yet completed 6 years from that previous cap. I believe I will still be cap exempt when I try to do the COS later. Please correct if wrong.

 

It would have helped if you had mentioned that from the start.

With incomplete information you get incomplete answers...

You are cap-exempt.

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