Urgent - H1B VISA revoked without any intimation

[coolsavy]

Hi,

 

My H1B VISA revoked by one of the employee in my employer's office in 2013 Dec without any intimation, and they say that no one know about it, I still worked on a project in december 2013 and Jan 2014 and got my payslips through the same employer.

 

After that I was on bench until April 2014, Now I got a new project and just everyone came to know that my H1B got revoked 4 months ago.

 

Now My employer is filing a H1B Extension in premium processing and he says that I can work on my new project based on the receipt number.

 

My Questions.

 

1. Am I out of status if not then until how many days i can legally stay in US.

2. What are the positives and negitives if I sue my employer at this point of time where he is trying to help me by filing my H1B Extension as I got another project.

3. I have payslips after my H1B got revoked - is it illegal or legal ? How it effects my legal status here in US.

4. I have already filed my tax returns - Will I get that amount ??

 

 

Thanks,

Savy.

[jairichi]

Hi,

 

My H1B VISA revoked by one of the employee in my employer's office in 2013 Dec without any intimation, and they say that no one know about it, I still worked on a project in december 2013 and Jan 2014 and got my payslips through the same employer.

 

After that I was on bench until April 2014, Now I got a new project and just everyone came to know that my H1B got revoked 4 months ago.

 

Now My employer is filing a H1B Extension in premium processing and he says that I can work on my new project based on the receipt number.

 

My Questions.

 

1. Am I out of status if not then until how many days i can legally stay in US.

2. What are the positives and negitives if I sue my employer at this point of time where he is trying to help me by filing my H1B Extension as I got another project.

3. I have payslips after my H1B got revoked - is it illegal or legal ? How it effects my legal status here in US.

4. I have already filed my tax returns - Will I get that amount ??

 

 

Thanks,

Savy.

Forget whatever your employer says. You are out of status from Dec 2013. Talk to an independent attorney and not your employer's attorney.

[omshiv]

what kind of a joke is this? is that employee fired?

[t75]

Your employer is doing you a disservice if he has not involved an attorney. I hope you were paid on the bench.

[jairichi]

Your employer is doing you a disservice if he has not involved an attorney. I hope you were paid on the bench.

t75: Will it still be an issue whether paid or not in bench when employer has revoked H1B petition?

[coolsavy]

Your employer is doing you a disservice if he has not involved an attorney. I hope you were paid on the bench.

I was not paid when i was on bench, but I got couple of payslips after my H1 got revoked.

[coolsavy]

what kind of a joke is this? is that employee fired?

Yes he is fired.

[rahul412]

Now My employer is filing a H1B Extension in premium processing and he says that I can work on my new project based on the receipt number.

No you can't work now. Currently you are out of status.

[omshiv]

Yes he is fired.

Good..but i feel sorry for your situation for no mistake of yours. Hope everything turns out good for you.

[chakrakr]

Your going on bench without pay was probably a blessign in disguise in this case.  Your unauthorized work was about a month or so. 

You should not start working based on receipt only.  Your H1 will probably be approved  without EOS (means without a I-94)  and you will have to leave US  and enter again (with a new Visa if your old visa has expired) to get into H1 status.

 

However,  given that your employer does not pay on bench,  you should change your job ASAP.  It is illegal not to get paid on bench when on H1.