sara d Posted October 8, 2013 Report Posted October 8, 2013 i came to US on H4 and then changed to H1b. I was on H1 was 1.5 yrs. i was not in projt for past 3 months. I got a new offer in a different state few days back and i said i will not be able to join since i have my baby. anyways im planning to go to india this month end and come back with H4 and informed my employer. But since i refused to accept the offer i got a mail today that my H1 is cancelled. my flight ticket is for month end. i am not sure why to do now. i dont have enough time to pack my things and change my flight. how can i check if my h1 is really cancelled. if so will there be any issue iif i leave a week later and then later come on H4.
jairichi Posted October 8, 2013 Report Posted October 8, 2013 i came to US on H4 and then changed to H1b. I was on H1 was 1.5 yrs. i was not in projt for past 3 months. I got a new offer in a different state few days back and i said i will not be able to join since i have my baby. anyways im planning to go to india this month end and come back with H4 and informed my employer. But since i refused to accept the offer i got a mail today that my H1 is cancelled. my flight ticket is for month end. i am not sure why to do now. i dont have enough time to pack my things and change my flight. how can i check if my h1 is really cancelled. if so will there be any issue iif i leave a week later and then later come on H4. If you are not paid from not having a project for 3 months you are out of status from your last working day. If that is the case file a complaint against your employer with DOL. Immediately apply for a COS from H4 to H1B.
omshiv Posted October 8, 2013 Report Posted October 8, 2013 Get an Immigration Attorney involved..seems like you are in a serious situation. You were out of Status the moment your employer didnt pay you. File a Complaint against that fraud employer with the DOL.
sara d Posted October 8, 2013 Author Report Posted October 8, 2013 Thank you for the reply. But since my H1B has been cancelled today, Is it ok if i travel a week later from today as it will be out of status. Also will this affect when i apply for H4
sara d Posted October 8, 2013 Author Report Posted October 8, 2013 Also i there a way to find if my H1 has been cancelled.
jairichi Posted October 8, 2013 Report Posted October 8, 2013 Get an Immigration Attorney involved..seems like you are in a serious situation. You were out of Status the moment your employer didnt pay you. File a Complaint against that fraud employer with the DOL. I agree with omshiv. Take the help of an immigration attorney asap.
pontevecchio Posted October 8, 2013 Report Posted October 8, 2013 Just leave at the month end and come back with a H4 visa. Technically he has to pay you until he lays you off AND revokes the H1.
rahul412 Posted October 8, 2013 Report Posted October 8, 2013 i came to US on H4 and then changed to H1b. I was on H1 was 1.5 yrs. i was not in projt for past 3 months. I got a new offer in a different state few days back and i said i will not be able to join since i have my baby. anyways im planning to go to india this month end and come back with H4 and informed my employer. But since i refused to accept the offer i got a mail today that my H1 is cancelled. my flight ticket is for month end. i am not sure why to do now. i dont have enough time to pack my things and change my flight. how can i check if my h1 is really cancelled. if so will there be any issue iif i leave a week later and then later come on H4. Contact an attorney NOW, did he paid you when you were on bench?? If not, then ask that attorney how to file a complaint against that employer for not paying you when you were on bench.
rahul412 Posted October 8, 2013 Report Posted October 8, 2013 Thank you for the reply. But since my H1B has been cancelled today, Is it ok if i travel a week later from today as it will be out of status. Also will this affect when i apply for H4 Don't worry about that, you are good to go. Like I said earlier, file a complaint against that employer if he didn't pay you on time and take that complaint receipt( or whatever it is) with you for the interview.
t75 Posted October 8, 2013 Report Posted October 8, 2013 She apparently was on maternity leave and chose not to appear for her new assignment. Obviously this is grounds for immediate termination for cause. The employer does not have to pay her and likely has already reported that she is no longer in his employ. She caused her own problem by not abiding by the requirement to return to work following an authorized maternity leave.
jairichi Posted October 8, 2013 Report Posted October 8, 2013 She apparently was on maternity leave and chose not to appear for her new assignment. Obviously this is grounds for immediate termination for cause. The employer does not have to pay her and likely has already reported that she is no longer in his employ. She caused her own problem by not abiding by the requirement to return to work following an authorized maternity leave. I agree with you but unless OP states reason for her 3 months not being in project we would not know the real reason.
rahul412 Posted October 8, 2013 Report Posted October 8, 2013 She apparently was on maternity leave and chose not to appear for her new assignment. Obviously this is grounds for immediate termination for cause. The employer does not have to pay her and likely has already reported that she is no longer in his employ. She caused her own problem by not abiding by the requirement to return to work following an authorized maternity leave. OP says she was not on any project, she didn't mention that she is on maternity leave. If it was her fault then why didn't her employer revoke H1 3 months ago.
t75 Posted October 8, 2013 Report Posted October 8, 2013 i came to US on H4 and then changed to H1b. I was on H1 was 1.5 yrs. i was not in projt for past 3 months. I got a new offer in a different state few days back and i said i will not be able to join since i have my baby. anyways im planning to go to india this month end and come back with H4 and informed my employer. But since i refused to accept the offer i got a mail today that my H1 is cancelled. my flight ticket is for month end. i am not sure why to do now. i dont have enough time to pack my things and change my flight. how can i check if my h1 is really cancelled. if so will there be any issue iif i leave a week later and then later come on H4. Seems obvious
sara d Posted October 9, 2013 Author Report Posted October 9, 2013 She apparently was on maternity leave and chose not to appear for her new assignment. Obviously this is grounds for immediate termination for cause. The employer does not have to pay her and likely has already reported that she is no longer in his employ. She caused her own problem by not abiding by the requirement to return to work following an authorized maternity leave. I was not on maternity leave. my baby is 1 yr old
jairichi Posted October 9, 2013 Report Posted October 9, 2013 I was not on maternity leave. my baby is 1 yr old This will leave you with no option other than filing a complaint with DOL against your employer. File immediately a COS from H1B to H4
matarese Posted October 9, 2013 Report Posted October 9, 2013 File a WH4 form immediately. Check out http://www.dol.gov/whd/forms/fts_wh4.htm. It will save a lot of trouble down the line when filing H1, GC etc.You will also get paid for your bench. See my case http://forum.murthy.com/index.php?/topic/14698-dol-whd-complaint-filed/ Took long time but should be much shorter for you. Be prepared with all documents, emails etc.
rahul412 Posted October 9, 2013 Report Posted October 9, 2013 Seems obvious what obvious?? If employee is not able to work then employer is supposed to revoke H1 immediately, so nothing is wrong from employee here.
jairichi Posted October 9, 2013 Report Posted October 9, 2013 what obvious?? If employee is not able to work then employer is supposed to revoke H1 immediately, so nothing is wrong from employee here. @rahul412: t75 says the reason for 3 months leave seems obvious as maternity leave
pontevecchio Posted October 9, 2013 Report Posted October 9, 2013 Just leave and come back in H4 status. If the VO insists say you will file a complaint against the company after the shutdown is over and done with.
pontevecchio Posted October 9, 2013 Report Posted October 9, 2013 To add discuss your situation with a Lawyer and not the forum.
rahul412 Posted October 9, 2013 Report Posted October 9, 2013 Just leave and come back in H4 status. If the VO insists say you will file a complaint against the company after the shutdown is over and done with. That's clean and simple.
aru27 Posted October 9, 2013 Report Posted October 9, 2013 I think she should check her i94 since usually there is a 10 days grace given there between the dates(I797 validity & i94). Try to leave before that, if u cannot apply for a COS H4. Handle this first. Anyways, it was bad on part of employer to just cancel the H1B without informing, they have the right i know, since she was an employer and serving them. Anyways, complain as advised above. Check your paper works before you complain may be talk to an attorney. @pontevecchio: we all can go to lawyers without even coming to this forum. The only reason we all are here is to understand the intricacies, kind of help. That's all. Cheers!
pontevecchio Posted October 9, 2013 Report Posted October 9, 2013 It would be stupid to decide important matters based on a forums priceless advise. Your statement about the I94 is wrong. Since you are not the OP why not answer her directly instead of treating this a forum for social discourse which it is not. Please treat posters with the respect they deserve and answer them directly.
aru27 Posted October 9, 2013 Report Posted October 9, 2013 ok Sir... no one is that stupid to decide anything based on forum. But specially advanced members like you all, sometimes throw good light on the situation we should all ponder on. Answer her directly, that's a good point.. But why should I. Regarding I94, I have been issued a recent I94 which has 10 days grace beyond my I797 expiry. When I asked the POE officer about the grace she told me that you are legally allowed to stay for 10 days. Hmmm... then I think she told me wrong. See this exactly I am in this forum.
cap-gap Posted October 10, 2013 Report Posted October 10, 2013 I don't get why all the discussion about WH4 ? except for "pontev"'s comments, all others are pure irrelevant.. sure OP was not paid..but OP's intention is to switch back to H4 by reentering the country..OP is only concerned if she need to leave today.. @ sara..no, it is not necessary to leave today, if your I94 has not expired..you can leave as planned.. yes, you have been out of status, but it will be clean slate when you reenter..
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