H1B Transfer

[Kbhargav]

Dear Murthy,

 

I came to US with some consulting company A on H1B and i was asked to attend interviews get the clients. I have got 2 contracts, but my employer did not signed any of the contract because of his business. 

Technically, I was on bench for 4 months just giving interviews and doing the same process and also my employer could not able to show my the project.

Finally i have took fulltime position in US and my new employer filed H1B transfer when i was with the old employer. After 14 days, i have got an RFE ( Client letter,Org Chart,SOW). My new employer ( US based company ) have answered the RFE questions. But meantime, my previous employer have asked me to go back to India for another assignment. I denied that, and i resigned to the previous employer "A", Finally i have joined with the new employer before i got the final approval notice from USCIS.

Now, my previous employer claiming that, i didnot served notice period ( since he has given me offer letter based on India address and in that mentioned i need to serve 2 months notice) so asking for the 2 months pay as penalty to send me the service letter and W2 form. And also he revoked my H1B( still it is in the process)

And also, i heard my friends, my previous employer have sent some note to USCIS saying, i have absconded from the Job. 

Please help me with the below queries:

- Will he able to put any comments/note to USCIS while revoking my H1B saying that, i have absconded from duties. Since i have sent an resignation email to my previous employer on the same day while leaving the job. And on the very next day i have joined with new employer. Will it impact my H1B transfer?

- If i need to go back to india, i have to go for stamping with the new approved I 797 i believe, since by that time, my old visa will be revoked, at that time will there be any issues to get the new stamping? If yes, what are the support documents i need to carry, since my previous employer is not ready to give me service letters for the 4 months duration?

 

Kindly help me

 

Regards

Bhargav.

[jairichi]

Complain to DOL against your old employer as he has abused H1B laws by keeping you on bench

[rahul412]

Now, my previous employer claiming that, i didnot served notice period ( since he has given me offer letter based on India address and in that mentioned i need to serve 2 months notice) so asking for the 2 months pay as penalty to send me the service letter and W2 form. And also he revoked my H1B( still it is in the process)

Relax, you are in safe situation now by changing the employer.

 

Firstly, file a complaint against that fraud employer for keeping you on bench for 4 months.And contact some good attorney to review that agreement which you have signed.

[omshiv]

File a complaint against the employer.

[Kbhargav]

File a complaint against the employer.

Dear Omshiv

 

Thank you for your valuable suggestion. 

I am still confused in the below doubt:

- Will my previous able to put any comments/note to USCIS while revoking my H1B saying that, i have absconded from duties. Since i have sent an resignation email to my previous employer on the same day while leaving the job. And on the very next day i have joined with new employer. Will it impact future H1B extensions or stamping. Does USCIS will consider such kind of comments

 

- If i need to go back to india, i have to go for stamping with the new approved I 797 i believe, since by that time, my old visa will be revoked, at that time will there be any issues to get the new stamping? If yes, what are the support documents i need to carry, since my previous employer is not ready to give me service letters for the 4 months duration?

 

Appreciate your suggestion.

 

Thanks

Bhargav