dotnetsoul Posted January 16, 2013 Report Posted January 16, 2013 I'm employed by Company A for more than 2 years and for client A. During extending my H1B visa, one of the attorney suggested my employer (Company A) to file extension through client B and I got approval for 3 years. Recently, USCIS officials visited client B location and found that I was not working in Client B location. Now, Company A changed the attorney and filed for H1B amendment that I'm working for Client A. I heard that there are chances of getting Notice of Intent of revoke. What should be my reaction now. Change my client ? Change my Employer ? Any suggestions and pointers are greatly appreciated !
chtummala Posted January 16, 2013 Report Posted January 16, 2013 talk to immigration attorney .. h1 revocation can possible .. based on severity of fraud ..
dotnetsoul Posted January 16, 2013 Author Report Posted January 16, 2013 After talking to my attorney, they have not denied chances of revocal but they promised me to do their best. Is it a good idea to change the employer now ?
wiweq Posted January 17, 2013 Report Posted January 17, 2013 "What should be my reaction now. Change my client ? Change my Employer ?" => Now onwards, you are working on expired H1b and this makes you out of status. Because your employer failed to follow H1b guidelines, it makes your H1b expired. Now just wait for USCIS's reaction and don't take any action.
dotnetsoul Posted January 18, 2013 Author Report Posted January 18, 2013 "Now onwards, you are working on expired H1b and this makes you out of status. Because your employer failed to follow H1b guidelines, it makes your H1b expired." I'm completely lost on what you replied. How am I out of status with out notice of intent to revoke H1B (NOIR) from USCIS ? My question was if changing the employer would help as I have few offers and they are ready to sponsor.
t75 Posted January 18, 2013 Report Posted January 18, 2013 Why would you participate in fraud? You should have immediately looked for an employer who would follow US laws.
bhalc Posted January 18, 2013 Report Posted January 18, 2013 To t75, How do you find an employer who would follow US laws? Have you done this by yourself? No body work for such employer if they know about their employer.
wiweq Posted January 18, 2013 Report Posted January 18, 2013 "How am I out of status with out notice of intent to revoke H1B (NOIR) from USCIS ?" => H1b revocation is not necessary for being out of status. e.g. if you are not getting paid during h1b stay you are out of status. Second thing, H1b is employer's petition, so USCIS is not obliged to give you a notice about the revocation. At any given time, if H1b employee of employer is not following H1b guidelines, the beneficiary is out of status.
dotnetsoul Posted January 19, 2013 Author Report Posted January 19, 2013 Why would you participate in fraud? You should have immediately looked for an employer who would follow US laws. I'm here to find out as soon as I found this problem and counting on advice from some experienced members like you if it is OK to change employer at this stage.
dotnetsoul Posted January 20, 2013 Author Report Posted January 20, 2013 "How am I out of status with out notice of intent to revoke H1B (NOIR) from USCIS ?" => H1b revocation is not necessary for being out of status. e.g. if you are not getting paid during h1b stay you are out of status. Second thing, H1b is employer's petition, so USCIS is not obliged to give you a notice about the revocation. At any given time, if H1b employee of employer is not following H1b guidelines, the beneficiary is out of status. Thanks for the information.
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