Please help!!! Was on H1b before and want to come back...

[Divya2k12]

Hi,

I completed my MS from US in Aug 2005 and after that worked on OPT for a yr. After that Employer (consulting company) sponsored my H1b. I got H1b approved in July 2006 which started in Oct 2006. In 2008 I had gap in between my projects. My last project in US finished in Nov 2008. I went back to India and got engaged. I came back in January and on Feb 6th 2009 my employer sent me an email that he would need to withdraw my H1. I was very worried at that time and had posted on Murthy.com. My wedding was in April 2009. My husband was living in Europe and he was going to come to US that same yr but because my employer was not helping me a bit to keep my H1 and because my wedding date could nt be changed I decided to stay in Europe as my husband would get PR here soon. I had gaps in my contracts in 2007, 2008 and my employer was not even giving me my past paystubs so I could do H1b transfer. On murthy.com I was advised to file under DOL as I would get the money for the time I was bench and I would also get paystubs so I could transfer my H1 but my uncle told me not to get into all this as it can affect my future chances in the country. When I went to India my uncle arranged a job for me in a small company that was only a 1-2 mth project so I could come back to US. My employer had signed that contract but was I was bit scared to be back as I had received that email for H1 withdrawl and thought he will send that email to me again in 1-2 mth. Also he did not say that I can come back to US. He also did not cancel my H1 as I checked with my EAC# on USCIS website and it doesnt say that H1 was withdrawn at any point. All this was a mess at that time and I was very scared to do anything so I decided to stay in Europe with my husband. I left US exactly a mth after my employer had sent me H1 withdrawal notice. I would like to know if I did anything illegal. I want to come back to US and I feel taht consulting company completely exploited me. They made money on me till the time I was there. I had got fulltime job in Europe here. But now we have got PR here and I want to come back this year. I have not been able to find any employer till now. I am looking for a decent company to do my H1. Also I read on murthy.com website that if someone has already been counted in H1b quota he/she is exemped from H1b cap. Can I get H1b this yr ? Will there be any problem in doing so based on what happened with me earlier ? Did I had option to do anything else then what I did earlier ? Was filing DOL the right thing to do at that point ? Can I file it still as my H1 wasnt probably canceled (from what it looks on USCIS website using my EAC#) and you can claim wages 3 yrs back or can it be claimed for longer period ? My H1 expiry date was Sept 2009. Also I am looking for a decent company to file my H1b this yr. Is it necessary to have client's contract in order to get H1 approved ? Please advise!!! I will be really greatful to you.

Thanks in advance

Divya

[pontevecchio]

_{1. Please do not listen to this Uncle in future.}

_{2. Any DOL complaints would seem to be time barred as regards money recovery though they may still be interested in knowing of such companies}

_{3. Do not expect a complicated situation to be sorted in a forum. Discuss your issues with the firm of Murthy. They should be able to figure out if you have H1 time left.}

_{4. Your post is unclear. Are you also not getting the GC with your spouse?}

_{5. Stay away from Consulting companies.}

[Divya2k12]

Thanks for replying to my post...i can send details if you can send an email at my id in my profile...my husband has got PR and will get citizenship of EU soon which is good enough for me as we always have this as backup and we can come and work in UK/EU anytime without any visa etc...my visa was not revoked and my employer had sent me w2 for 2009 for the contract he had signed at that time...I could have come back but did not come back to US as thought my employer will send me email again that we will revoke my h1..i had contacted dol but i received wh4 form after i had left US...also few ppl who had same issues told me that they had filed with dol but didnt hear anything back...i got a fulltime job here soon so decided to stay here...im earning same as I would get in US so thats fine moneywise I didnt loose anything...I had contacted murthy.com lawyers and they told me i should find another employer to do h1...I could not find a direct job in US and so decided to stay here but now I want to come back as I have got PR here...I want to know how long u can claim ur wages thru dol...i read somehwere that through certain federal and state laws you can claim 2-6 yrs wages...also I want to know that since my h1 was filed in 2006 how long will I be exempt from the h1 cap (is it that you are not counted in the cap if you have been already counted in the past 6 yrs ??)...Also can i file with dol if I am outside US ? one of the clients where I worked in US told me that if I have h1 I can join them back so I am trying to get h1 for this yr....

thanks

Divya

[pontevecchio]

There is an one year statute of limitations vis a vis a DOL Complaint. That would seem to be water over the bridge. I am puzzled. Do you have a GC in addition to EU work authorization? To be honest why come here if you have EU Work authorization? Do you want to exchange? Just kidding. In any case you seem to have spoken to the firm of Murthy.

[Divya2k12]

Yes we have got GC in EU. I already had EU work authorization when I came here as spouse can also work in EU/UK. Now that we have GC we can work in EU/UK whenever we want without any visa. During my wedding time though my H1 didnt got canceled but I was not sure what can happen in future and my employer could send me that letter again or I could get RFE during H1 extension as it was happening with lot of my friends. My husband is at a very senior position in EU and we preferred to stay here. I would want to get back to US as now we have got GC here. I want to know i can still work on my older h1 petition if I find someone to transfer my h1 (I used less then 3 yrs of my h1) but there was gap in my projects and I didnt file with DOL. Can I use that same H1 (as I am exempt from cap as my h1 was counted 6 yrs back in 2006 in h1 quota) or I should wait for next yr and try and get new h1 as gaps in last h1 can create problem for me during GC processing. Also I am not sure I am exempt from the cap for this yr and if I can get h1 this yr ? Do you know if I am exempt from the cap as I previously had an h1 ?

[pontevecchio]

Please do not use the word GC when referring to Europe. It is an unnecessary complication. Get an employer to file your H1. you are allowed the remainder option. That is what the firm told you. Why is there such an urgent need to work here? No Offense, I am trying to figure out what your aim is.

[Divya2k12]

Thanks I didnt use the word GC I used PR in my original post...I had contacted the firm murthy but that was in 2009. I will call them again. I want to come back this yr as so I can use my previous H1 petition that was filed in 2006. As 6 yrs are over this yr I might not be able to use the same petition from what I have read. Or I will apply next yr in Masters quota as my previous H1 had gaps in between projects and that can be a problem when I file GC in US. Hopefully it wont be a problem if I file new H1 next yr..thanks for your help...