H1B cancellation


sara d

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i came to US on H4 and then changed to H1b. I was on H1 was 1.5 yrs. i was not in projt for past 3 months.

I got a new offer in a different state few days back and i said i  will not be able to join since i have my baby. anyways im planning to go to india this month end and come back with H4 and informed my employer. But since i refused to accept the offer i got a mail today that my H1 is cancelled. my flight ticket is for month end. i am not sure why to do now. i dont have enough time to pack my things and change my flight.

how can i check if my h1 is really cancelled. if so will there be any issue iif i leave a week later and then later come on H4.

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i came to US on H4 and then changed to H1b. I was on H1 was 1.5 yrs. i was not in projt for past 3 months.

I got a new offer in a different state few days back and i said i  will not be able to join since i have my baby. anyways im planning to go to india this month end and come back with H4 and informed my employer. But since i refused to accept the offer i got a mail today that my H1 is cancelled. my flight ticket is for month end. i am not sure why to do now. i dont have enough time to pack my things and change my flight.

how can i check if my h1 is really cancelled. if so will there be any issue iif i leave a week later and then later come on H4.

If you are not paid from not having a project for 3 months you are out of status from your last working day. If that is the case file a complaint against your employer with DOL. Immediately apply for a COS from H4 to H1B. 

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i came to US on H4 and then changed to H1b. I was on H1 was 1.5 yrs. i was not in projt for past 3 months.

I got a new offer in a different state few days back and i said i  will not be able to join since i have my baby. anyways im planning to go to india this month end and come back with H4 and informed my employer. But since i refused to accept the offer i got a mail today that my H1 is cancelled. my flight ticket is for month end. i am not sure why to do now. i dont have enough time to pack my things and change my flight.

how can i check if my h1 is really cancelled. if so will there be any issue iif i leave a week later and then later come on H4.

Contact an attorney NOW, did he paid you when you were on bench?? If not, then ask that attorney how to file a complaint against that employer for not paying you when you were on bench.

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Thank you for the reply. But since my H1B has been cancelled today, Is it ok if i travel a week later from today as it will be out of status. Also will this affect when i apply for H4

Don't worry about that, you are good to go. Like I said earlier, file a complaint against that employer if he didn't pay you on time and take that complaint receipt( or whatever it is) with you for the interview.

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She apparently was on maternity leave and chose not to appear for her new assignment. Obviously this is grounds for immediate termination for cause. The employer does not have to pay her and likely has already reported that she is no longer in his employ. She caused her own problem by not abiding by the requirement to return to work following an authorized maternity leave.

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She apparently was on maternity leave and chose not to appear for her new assignment. Obviously this is grounds for immediate termination for cause. The employer does not have to pay her and likely has already reported that she is no longer in his employ. She caused her own problem by not abiding by the requirement to return to work following an authorized maternity leave.

I agree with you but unless OP states reason for her 3 months not being in project we would not know the real reason.

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She apparently was on maternity leave and chose not to appear for her new assignment. Obviously this is grounds for immediate termination for cause. The employer does not have to pay her and likely has already reported that she is no longer in his employ. She caused her own problem by not abiding by the requirement to return to work following an authorized maternity leave.

OP says she was not on any project, she didn't mention that she is on maternity leave. If it was her fault then why didn't her employer revoke H1 3 months ago.

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i came to US on H4 and then changed to H1b. I was on H1 was 1.5 yrs. i was not in projt for past 3 months.

I got a new offer in a different state few days back and i said i  will not be able to join since i have my baby. anyways im planning to go to india this month end and come back with H4 and informed my employer. But since i refused to accept the offer i got a mail today that my H1 is cancelled. my flight ticket is for month end. i am not sure why to do now. i dont have enough time to pack my things and change my flight.

how can i check if my h1 is really cancelled. if so will there be any issue iif i leave a week later and then later come on H4.

Seems obvious

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She apparently was on maternity leave and chose not to appear for her new assignment. Obviously this is grounds for immediate termination for cause. The employer does not have to pay her and likely has already reported that she is no longer in his employ. She caused her own problem by not abiding by the requirement to return to work following an authorized maternity leave.

I was not on maternity leave. my baby is 1 yr old

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I think she should check her i94 since usually there is a 10 days grace given there between the dates(I797 validity & i94).

 

Try to leave before that, if u cannot apply for a COS H4. Handle this first.

 

Anyways, it was bad on part of employer to just cancel the H1B without informing, they have the right i know, since she was an employer and serving them. Anyways, complain as advised above. Check your paper works before you complain may be talk to an attorney.

 

@pontevecchio: we all can go to lawyers without even coming to this forum. The only reason we all are here is to understand the intricacies, kind of help. That's all. Cheers!

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ok Sir... no one is that stupid to decide anything based on forum. But specially advanced members like you all, sometimes throw good light on the situation we should all ponder on.

 

Answer her directly, that's a good point.. But why should I.

 

Regarding I94, I have been issued a recent I94 which has 10 days grace beyond my I797 expiry.

When I asked the POE officer about the grace she told me that you are legally allowed to stay for 10 days. Hmmm... then I think she told me wrong. See this exactly I am in this forum.

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I don't get why all the discussion about WH4 ? except for "pontev"'s comments, all others are pure irrelevant..

 

sure OP was not paid..but OP's intention is to switch back to H4 by reentering the country..OP is only concerned if she need to leave today..

 

@ sara..no, it is not necessary to leave today, if your I94 has not expired..you can leave as planned..

 

yes, you have been out of status, but it will be clean slate when you reenter..

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