H1B applied last year(jun,2012) but now employer is refusing it.


ajay.mittal

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Hi,

I am here on L1 visa. I have applied for H1b visa last year jun, 2012. My employer said my visa got approved but he did not give me receipt number and pettition. He was asking for some money and i said i canot pay right now, once i will join you i can give you money, Due to this we had bad relation.

Now this year i want to go for him but he is saying he does not want any deal with me. I told i am ready to pay you and work for you.

He is saying he has withdrawn my visa, now no more he is having my visa.

He is not giving me receipt number or any other documents.

What option i have now? How can i get the receipt number from him and can i use that visa now?

My company want me to go back on Jun, Is there any way to stay here after Jun to Oct.

Thanks,

Ajay Mittal.

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What your employer has done is clearly illegal and unethical.

Find another job, and let the new employer's attorney figure out how to re-use your old visa without a receipt number or how to obtain a receipt number, i.e, if at all a H1 was actually filed by your previous petitioner.

Read up on your rights here - http://www.travel.state.gov/pdf/Pamphlet-Order.pdf Your employer might have have violated at least two of them, pursue legal options if you like.

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I am confused, if your H1 was approved last year and you did not joined the company what Status were you in since then untill now?

I thought you can be only in 1 status at any given time. If your H1 was approved, that means your L1 would have been terminated the moment your H1 was approved. I might be wrong, but this is my understanding. If I were you, I would check with attorney to make sure your in status ALL the time. If you are out of status even 1 day thats going to be a big problem.

And yes, you have every right to take legal action against that company which violated bunch of laws, doing so you could help others.

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Hi,

I am here on L1 visa. I have applied for H1b visa last year jun, 2012. My employer said my visa got approved but he did not give me receipt number and pettition. He was asking for some money and i said i canot pay right now, once i will join you i can give you money, Due to this we had bad relation.

Now this year i want to go for him but he is saying he does not want any deal with me. I told i am ready to pay you and work for you.

He is saying he has withdrawn my visa, now no more he is having my visa.

He is not giving me receipt number or any other documents.

What option i have now? How can i get the receipt number from him and can i use that visa now?

My company want me to go back on Jun, Is there any way to stay here after Jun to Oct.

Thanks,

Ajay Mittal.

First you need to file a complaint against that employer that will help you in many ways. Find another employer who can sponsor you.

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