Have H1b approved but not used it for the past 1 year

[xyz205]

Hello,

 

 

I have come to US on a H4 visa. Here I approached an employer and he filed H1 for me and it got approved. Till now I was searching for jobs and my employer does not cooperate with finding me a job and neither he gave me my H1 copy.

 

Even after some vendors have approached him asking for my H1 copy as proof, my employer never gave it to anyone. And now he doesn't even respond to me. 

 

I heard like if I go back to india and come again, I will still be in H4 status as I have not utilised my H1. Is it true??

 

Also, once I come back, can I get some other employer to file H1 for me??

 

And most importantly, because my employer has not helped me in finding a job, and neither gave me my H1 copy, can I file a case on him???

 

With all these happening, will there be any effect on my immigration as illegal??

 

 

Thanks,

XYZ205

[rahul412]

Hello,

 

 

I have come to US on a H4 visa. Here I approached an employer and he filed H1 for me and it got approved. Till now I was searching for jobs and my employer does not cooperate with finding me a job and neither he gave me my H1 copy.

 

Even after some vendors have approached him asking for my H1 copy as proof, my employer never gave it to anyone. And now he doesn't even respond to me. 

 

I heard like if I go back to india and come again, I will still be in H4 status as I have not utilised my H1. Is it true??

 

Also, once I come back, can I get some other employer to file H1 for me??

 

And most importantly, because my employer has not helped me in finding a job, and neither gave me my H1 copy, can I file a case on him???

 

With all these happening, will there be any effect on my immigration as illegal??

 

 

Thanks,

XYZ205

Do you mean to say that you are on H1 and didn't get paid even ONCE??

If this is true, then you are in DEEP DEEP DEEP trouble. Their are LOT of illegal activities done by your FRAUD employer.

Only a complaint against that employer will save you now, and this is will keep you in status bcos not getting paid on H1 is equal to out of status.

[JoeF]

If you are in H1 status, you absolutely have to get paid by the employer, even if the employer doesn't have work for you. That's the law.

It is the task of the employer to find work for you, btw.

If the employer doesn't want to pay you, file a complaint with DOL on form WH4. The DOL will make the employer pay you.

Without getting paid, you can not get a transfer to another employer, and you even may have trouble entering on H4.

[jairichi]

First of all you have to tell us when your employer filed a H1B petition for you and when is the start date. And, if your employer has got an approved H1B petition for you with out a job it is illegal. It is cheating the immigration system.

 

If your COS from H4 to H1B was approved last year with a start date of 1st October 2012 and you were never employed and paid, you are out of status and your stay in US till date is illegal.

 

The duty of your employer is to have a job for you when filing a H1B petition for you. What he has done is completely illegal

[0407]

and to get your H1B approval proof. File an FOIA request. Do you at least have H1B receipt number?

If you do mention the receipt number in FOIA. If you don't have it, request for all of your documents.

You will get proof of H1B approval.  Your employer most likely has covered himself. He might have

withdrawn the H1B already. In that case you actually don't have any vaid status in US. Being on

H1B and not getting paid is violation of your status. But once H1B is withdrawn, you are out of status

and start accruing illegal presence. 

[omshiv]

you have a mental and fraud employer there...he atleast has to give you 797C...its a copy of the H1 petition. Meanwhile unfortunately or knowingly you joined a shady employer who has made your life in the US more difficult. All these while you have been Out of Status if you REALLY had H1B approved.

[omshiv]

also i wont be surprised to learn that you paid for the H1B.

[omshiv]

lastly complain to the DOL about this shady employer and see that he leaves this country and goes back to whereever he came from.