H1b to be Revoked...new h1b am I cap exempt

[ramsairam]

My petition has been approved and I m allowed to work from Oct 2013. Employer is refusing to pay me salary without project and so I m out of status for almost 30days now. My clarifications are:

1. Can I re-enter into US as H4 after re-stamping from my home country?

2. Can I apply for a new H1b petition through a different employer even if my previous employer who sponsored me has revoked my petition?

3. Will I be cap exempt for a new H1b? I don't have pay stubs or petition copy. I only have Case number and a part of RFE document wherein I have proof that it is my petition.

 

Please help me...

[jairichi]

My petition has been approved and I m allowed to work from Oct 2013. Employer is refusing to pay me salary without project and so I m out of status for almost 30days now. My clarifications are:

1. Can I re-enter into US as H4 after re-stamping from my home country?

2. Can I apply for a new H1b petition through a different employer even if my previous employer who sponsored me has revoked my petition?

3. Will I be cap exempt for a new H1b? I don't have pay stubs or petition copy. I only have Case number and a part of RFE document wherein I have proof that it is my petition.

 

Please help me...

1. File a complaint against that employer with DOL. Based on the complaint file a COS petition from H1B to H4. No need to exit US.

2. Yes

3. Yes, you are cap-exempt. File a FOIA with USCIS to get your H1B documents.

[rahul412]

My petition has been approved and I m allowed to work from Oct 2013. Employer is refusing to pay me salary without project and so I m out of status for almost 30days now. My clarifications are:

1. Can I re-enter into US as H4 after re-stamping from my home country?

2. Can I apply for a new H1b petition through a different employer even if my previous employer who sponsored me has revoked my petition?

3. Will I be cap exempt for a new H1b? I don't have pay stubs or petition copy. I only have Case number and a part of RFE document wherein I have proof that it is my petition.

 

Please help me...

File a complaint against that FRAUD employer for not paying you the promised salary. And with that complaint you can do your H1 transfer, if not you will be in trouble for being out of status and for not taking any legal action.