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rambabu1234

Confirmation letter of H1B Visa cancellation

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Hello All,

 

I have question regarding cancelation of H1B Visas.

 

Till now i was with Consultancy-A, who was holding my H1B.

 

Currently i am in 5th year of my H1B & I-797 is valid upto end of 2014.

 

Few months ago my wife got heavily sick, so i had to leave USA immidiately & come to India. I came to india and now she is good.

 

As i was busy in handling my wife, so i couldn't contact my agency ( for @ 2 months ).

 

So my agency thought that i am not willing to come back.

 

So they cancelled my H1B Visas by sending notice to USCIS. My agency sent me that letter's soft copy.

 

I was unaware of the fact that my H1B visa got cancelled.

 

After few days of this event, i came to know about this bad news.

 

When i contacted my agency they said...we thought you are not coming back...!!!

 

As i couldn't do anything, i asked them : please send/give  me confirmation letter ( receipt ) from USCIS stating that my H1B visa has been cancelled. so that i can use that as reference in future for any visa process.

 

But my agency said that " we cannot give you any such letter whether Original Or xerox , we can only give you

experience letter."

 

So i would like to know from community-readers / experts / lawyers...that :

 

Q-1-- What is standard process i.e. I am elligible to receive receipt of my H1B cancellation from USCIS ?

 

Q-2-- What else i should take from my agency before leaving them ?

 

Q-3-- What other options i have ( Some friends told that you can transfer H1...I was on bench from last 4 months....Is it possible for me ) ?

 

Friends please put in your proper comments/links/examples...i am really getting confused.

 

To Admin: If you feel that this message is in wrong queue, then pls transfer to correct queue, Thank you.

 

Thx
Ram

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Hello All,

 

I have question regarding cancelation of H1B Visas.

 

Till now i was with Consultancy-A, who was holding my H1B.

 

Currently i am in 5th year of my H1B & I-797 is valid upto end of 2014.

 

Few months ago my wife got heavily sick, so i had to leave USA immidiately & come to India. I came to india and now she is good.

 

As i was busy in handling my wife, so i couldn't contact my agency ( for @ 2 months ).

 

So my agency thought that i am not willing to come back.

 

So they cancelled my H1B Visas by sending notice to USCIS. My agency sent me that letter's soft copy.

 

I was unaware of the fact that my H1B visa got cancelled.

 

After few days of this event, i came to know about this bad news.

 

When i contacted my agency they said...we thought you are not coming back...!!!

 

As i couldn't do anything, i asked them : please send/give  me confirmation letter ( receipt ) from USCIS stating that my H1B visa has been cancelled. so that i can use that as reference in future for any visa process.

 

But my agency said that " we cannot give you any such letter whether Original Or xerox , we can only give you

experience letter."

 

So i would like to know from community-readers / experts / lawyers...that :

 

Q-1-- What is standard process i.e. I am elligible to receive receipt of my H1B cancellation from USCIS ?

 

Q-2-- What else i should take from my agency before leaving them ?

 

Q-3-- What other options i have ( Some friends told that you can transfer H1...I was on bench from last 4 months....Is it possible for me ) ?

 

Friends please put in your proper comments/links/examples...i am really getting confused.

 

To Admin: If you feel that this message is in wrong queue, then pls transfer to correct queue, Thank you.

 

Thx

Ram

Q-3-- A new employer can file a cap exempt H1B and upon approval you can travel to US

Were you paid when you were on bench? It is absolutely necessary to draw a salary even on bench. If you want to enter US through a prospective employer then you need to file a complaint with DOL against your previous employer for not paying your salary. 

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Q-1-- What is standard process i.e. I am elligible to receive receipt of my H1B cancellation from USCIS ?

 

Q-2-- What else i should take from my agency before leaving them ?

 

Q-3-- What other options i have ( Some friends told that you can transfer H1...I was on bench from last 4 months....Is it possible for me ) ?

 

Friends please put in your proper comments/links/examples...i am really getting confused.

 

Remember, your employer cannot cancel your VISA (only DOS can do that), he can cancel your H1 petition. And their is a big difference

 

1. what your employer did was right and by law he is suppose to do so. No need to worry here, just get the exp letter

2. Exp letter

3. You need to get paid every month on H1, even when you are on H1 and without latest pay-stubs you cannot file for H1 transfer. This is the only issue in your case. Contact attorney for help.

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Q1. You can compalint againist your company aboout this situation and request them to send a copy of H1b revoke petition.

Q2. You should take experience letter from them and file which containes your original pay stubs and related documents.

Q3. As a H1b holder 0 days tolernece for salary wise. It is your right to get salary every month. if not complaint to DOL. they will settle this matter.But prior to that you have to get your all documents from your pervious employer

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Q1. You can compalint againist your company aboout this situation and request them to send a copy of H1b revoke petition.

Q2. You should take experience letter from them and file which containes your original pay stubs and related documents.

Q3. As a H1b holder 0 days tolernece for salary wise. It is your right to get salary every month. if not complaint to DOL. they will settle this matter.But prior to that you have to get your all documents from your pervious employer

Complaint against employer for what??

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The employer is required by law to inform USCIS when the H1 employee no longer works there.

That's nothing bad or unusual, that's the rule.

And there is no need to get any kind of "confirmation letter." Why would you need one, anyway?

If you want to work for another employer, that employer would just have to file a new H1, which is the standard procedure.

Stop worrying about the revocation o the H1 petition. It means nothing for you.

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The employer is required by law to inform USCIS when the H1 employee no longer works there.

That's nothing bad or unusual, that's the rule.

And there is no need to get any kind of "confirmation letter." Why would you need one, anyway?

If you want to work for another employer, that employer would just have to file a new H1, which is the standard procedure.

Stop worrying about the revocation o the H1 petition. It means nothing for you.

 

Hi Joef,

 

1-

 

Thanks for this info.

 

2-

 

The reason for "confirmation letter of Cancellation "....is in future ::

 

- Lets say i want to apply for new H1B (after 2-3 yrs)

 

- Or Say i got married with US Citizen / GC girl

 

- Or Say my uncle-aunt-brother-sister  want to sponsor my GC.

 

So in any such case....if i have confirmation letter from USCIS, then it would make things  easier.

 

Absence of such confirmation letter might raise some doubts...or Visa Officer might ask some more docs to prove that my H1 petition was revoked by my company....i don't what visa officer will ask.

 

so to make things easier for all of us....i requested confirmation letter.

 

3-

 

As per you, its rule that : " The employer is required by law to inform USCIS when the H1 employee no longer works there. ".

 

That is ok. But when employer sends Notice of H1 petition revokation to USCIS then USCIS would send confirmation letter to employer...

 

Is IT True ?

 

If yes then legally i can ask my employer to send me copy.

 

Am i right ???

 

and myemployer has to give me copy.

 

Am i right ???

 

Having such document will be much helpful for me in future.

 

Thx

Ram

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There is no "confirmation letter." Even if the employer gets one from USCIS, it would just be a receipt notice.

And a "confirmation letter" wouldn't help you with other applications later on, anyway.

The employer does NOT have to give you anything if things are canceled.

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Any such document WILL NOT HELP YOU. You do not need proof. In fact if the company did not revoke your H1 they will be on the hook for your salary until they do. You are imagining things. What is your problem?

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