Employer not filing h1b extension 9th year - I140 approved in 2007


Aum

Recommended Posts

My h1b is expiring on May/15/2014 (this was my 6+1+1+1 i.e. 9th year extension).

I was on a consulting project with a reputed company since 2005 and had to leave it as I had to come to India last month for a family emergency.

Now my employer send me an email today (after I send them many reminders to send me my papers here so I could get my visa stamped) saying that my H1B was filed because of my long running project and now they have decided to withdraw my H1B as I don't have a project right now.

My employer is deceptive. They had trapped me at the first place in 2007 with the offer of a pre approved labor (my previous employer had not filed for a green card till then). My mistake too as I did not do my due diligence at that time. Found out later that it was an EB3 although I was eligible for EB2. They also never send me my approved i140...every time saying that it's a confidential document and the company can't share it.

Wondering if something can be done now?

Link to comment

My h1b is expiring on May/15/2014 (this was my 6+1+1+1 i.e. 9th year extension).

I was on a consulting project with a reputed company since 2005 and had to leave it as I had to come to India last month for a family emergency.

Now my employer send me an email today (after I send them many reminders to send me my papers here so I could get my visa stamped) saying that my H1B was filed because of my long running project and now they have decided to withdraw my H1B as I don't have a project right now.

My employer is deceptive. They had trapped me at the first place in 2007 with the offer of a pre approved labor (my previous employer had not filed for a green card till then). My mistake too as I did not do my due diligence at that time. Found out later that it was an EB3 although I was eligible for EB2. They also never send me my approved i140...every time saying that it's a confidential document and the company can't share it.

Wondering if something can be done now?

Find a new employer before they can revoke your approved I-140. Based on approved I-140 a new employer can file for 3 year extensions.

Link to comment

Thanks for the quick reply folks! I really appreciate it.

But I don't have a copy of the approval of my i140. Would that make filing for an extension difficult by a new employer?

I am in Bombay and can't come to the US till the new visa is stamped. Finding a new project from here would be difficult. Without a client letter I am not sure if an extension will be granted. My current employer took so long to inform me about this sudden decision that I am not left with much time. My visa is expiring on May/15. ( It's sad that people would do this to someone from whom they made good money for so long. I don't think they gain anything from this). I shall start looking for a new employer right now.

A quick reply is appreciated!

Link to comment

Archived

This topic is now archived and is closed to further replies.