Effect of H1b petition from Employer fraud

[1unclesam]

Hello everyone,

I am in India now and a consulting company had processed my H1B visa for 2012 for a client in US and it got approved. I had scheduled my stamping in the first week of December.

Now another candidate from the same employer had paid money to the consultant for processing his H1B and went for stamping last week and it looks like the consulate office found that he had paid money for his petition and gave a 221g asking for more documents related to the project and company. He was also asked to sign a document which said that the consultancy had got money from the candidate for processing the H1B visa.

Now this puts me in a tough situation even though I did not pay any money for my visa and have all proper project documents. I am not sure if USCIS has contacted the employer yet or if they have started any legal proceedings, but I am sure that the company is blacklisted now. I think my chances of H1B stamping approval is very slim since this is a black mark on the employer.

What is the effect of any kind of USCIS action on this employer ? Does USCIS cancel all the petitions applied by this employer ?

How much time does it take before anything like that happens.

Has anyone been in my situation before ?

[rahul412]

What is the effect of any kind of USCIS action on this employer ? Does USCIS cancel all the petitions applied by this employer ?

How much time does it take before anything like that happens.

It's better to change the employer ASAP, it will strike back on you at any time.

[t75]

It is impossible for anyone on a forum to make predictions based on the scenario you presented.

You need to discuss your situation with an attorney (if one paid, it can be assumed that you did also) and find a new employer. Seek the attorney's advice before stamping as he may advise that you postpone it.