H1B Revoked

[pandu_123]

Hi Guys 

  I got notice from my employer which says like this 

 

Certified Mail                                                                                        30 April 2014

 

Dear  @@@@

 

This letter is to notify you that @@@@@ has no new projects for you and is terminating your employment effective today.  The company will be sending letters notifying USCIS of this termination within 30 days.  If you would like to return to India, the company will buy you a non-refundable one-way ticket home as is required by law. The law does not require that we give you the value of a ticket in cash.  If you wish to remain in the US, please make arrangements to have your H1B’s transferred to another company or file applications to change status immediately. 

 

If you decide to return home, please notify us of when you would like to travel and we will purchase a ticket on your behalf.  If you have any outstanding time sheets for which wages are owed, please send them to my attention immediately.

 

I have Few Questions:-

 1.He has to pay me like 7000 bucks. Is there any way that I can get back that money.

 

  2. I got a new job and my new employer is transferring my H1B.( My H1B is valid Until Sep 2014).

 

  3. Since he is revoking my H1B  Will My Health Insurance also be cancelled. I have 

      Some health issues going and I am seeing doctor so I badly need the insurance right now.

 

  4. Will this revocation effect  my transfer process.

 

  I sincerely request you guys to please post your valuable suggestions so that I can accordingly.

 

Thanks in advance.

 

 

 

 

 

 

 

[jairichi]

Hi Guys 

  I got notice from my employer which says like this 

 

Certified Mail                                                                                        30 April 2014

 

Dear  @@@@

 

This letter is to notify you that @@@@@ has no new projects for you and is terminating your employment effective today.  The company will be sending letters notifying USCIS of this termination within 30 days.  If you would like to return to India, the company will buy you a non-refundable one-way ticket home as is required by law. The law does not require that we give you the value of a ticket in cash.  If you wish to remain in the US, please make arrangements to have your H1B’s transferred to another company or file applications to change status immediately. 

 

If you decide to return home, please notify us of when you would like to travel and we will purchase a ticket on your behalf.  If you have any outstanding time sheets for which wages are owed, please send them to my attention immediately.

 

I have Few Questions:-

 1.He has to pay me like 7000 bucks. Is there any way that I can get back that money.

 

  2. I got a new job and my new employer is transferring my H1B.( My H1B is valid Until Sep 2014).

 

  3. Since he is revoking my H1B  Will My Health Insurance also be cancelled. I have 

      Some health issues going and I am seeing doctor so I badly need the insurance right now.

 

  4. Will this revocation effect  my transfer process.

 

  I sincerely request you guys to please post your valuable suggestions so that I can accordingly.

 

Thanks in advance.

 

 

 

 

 

 

 

1. What is $7000 for? If it is your salary or final settlement then you will get it.

4. No.

[JoeF]

The employer has to pay you all outstanding salary. If he doesn't, file a complaint with DOL on form WH4.

Your health insurance is canceled from the day of layoff. You can generally get COBRA insurance.

The H1 revocation is irrelevant for you. The only thing that matters for you is the day of layoff.

[rahul412]

 

I have Few Questions:-

 1.He has to pay me like 7000 bucks. Is there any way that I can get back that money.

 

  2. I got a new job and my new employer is transferring my H1B.( My H1B is valid Until Sep 2014).

 

  3. Since he is revoking my H1B  Will My Health Insurance also be cancelled. I have 

      Some health issues going and I am seeing doctor so I badly need the insurance right now.

 

  4. Will this revocation effect  my transfer process.

 

  I sincerely request you guys to please post your valuable suggestions so that I can accordingly.

 

Thanks in advance.

 

 

 

 

 

 

 

1. Yes, you can. What money is that??

3. Was that employer provided insurance?? You need to ask this question to your employer

4. Yes.

[t75]

Your health insurance will terminate on the date of your termination (or at the end of tat month).  If you qualify, you can COBRA your policy.

 

Why does he have to pay you $7000.

[pandu_123]

The employer has to pay you all outstanding salary. If he doesn't, file a complaint with DOL on form WH4.

Your health insurance is canceled from the day of layoff. You can generally get COBRA insurance.

The H1 revocation is irrelevant for you. The only thing that matters for you is the day of layoff.

 

1. What is $7000 for? If it is your salary or final settlement then you will get it.

4. No.

Hi Jai 

  Yes it is my salary. (I worked Until March and he hasn't paid me all my salary.

  Should I file a complaint immediately with DOL or wait until gets approved?

[pandu_123]

The employer has to pay you all outstanding salary. If he doesn't, file a complaint with DOL on form WH4.

Your health insurance is canceled from the day of layoff. You can generally get COBRA insurance.

The H1 revocation is irrelevant for you. The only thing that matters for you is the day of layoff.

Thanks Joef.

  He has not paid me properly from past three months.

  I have proofs of bank statements and everything.

  Should I file a case immediately or wait until my H1B gets transferred.

  Also Can you please throw some light regarding health insurance.

  Do I need to contact DOL for like should I call the COBRA people.

  Thanks In Advance.

[pandu_123]

1. Yes, you can. What money is that??

3. Was that employer provided insurance?? You need to ask this question to your employer

4. Yes.

Thanks fore the reply rahul

 It is my salary.

 Health Insurance was like on percentage basis. I used to pay 75% and the rest he used to pay(Usually he made me to pay all the money).

 

In what way it will effect my transfer process. I have a job and Paystubs etc . Can you please elaborate 

 

Thanks In Advance 

[jairichi]

Hi Jai 

  Yes it is my salary. (I worked Until March and he hasn't paid me all my salary.

  Should I file a complaint immediately with DOL or wait until gets approved?

Absolutely. File a complaint with DOL against employer.

[rahul412]

Thanks fore the reply rahul

 It is my salary.

 Health Insurance was like on percentage basis. I used to pay 75% and the rest he used to pay(Usually he made me to pay all the money).

 

In what way it will effect my transfer process. I have a job and Paystubs etc . Can you please elaborate 

 

Thanks In Advance 

It will effect if you won't start your new job before the last day of your current job.

[sm1984]

Hello,

 

I had a valid H1B VISA from Oct 2012 have been working in US. I changed employers in July 2013, when my VISA was transferred and extended. This employer is based out of India and has many offices in US. I went to India on vacation back in Sep'13, when USCIS could not find me at the worksite. My company got NOIR, to which they responded with all the documents along with copies of previous and new I94. However, my visa still got revoked. My employer says I can have the following options:

 

To resume my work status in US without getting into Lottery process:

1. Joining the employer back in India while the employer files a petition to appeal the decision

2. Joining the employer back in India while the employer files a fresh H1B amendment petition (no lottery process) and shows how critical I am for the work at client site

 

To resume my work status in US through a fresh process (I will go through lottery for H1B)

1. Joining the employer back in India, staying there for some time before they either file my H1B again for the next cycle or they file an L1B petition

 

No work status (I don't prefer this option):

1. Getting me transferred to F2 visa status (my husband works for the same employer, is on F1 and has just got through the lottery process for H1B)

 

I want to understand if the above options are true. Are these the only options available to get back my work status? How critical is it for me to return to India ASAP? Would USCIS raise questions if I stay back in US for a few weeks? What is the grace period?

 

I would appreciate any help and advice you could provide.

 

Thanks,

SM

[rahul412]

Follow your employer's advice.

[JoeF]

Thanks Joef.

  He has not paid me properly from past three months.

  I have proofs of bank statements and everything.

  Should I file a case immediately or wait until my H1B gets transferred.

  Also Can you please throw some light regarding health insurance.

  Do I need to contact DOL for like should I call the COBRA people.

  Thanks In Advance.

File a WH4 immediately.

For COBRA, your old health insurance company will send you a letter about it, but you can contact them yourself.

I personally haven't been out of health insurance, but I get these letters whenever my employer changes insurance companies...

[beingentreprenuer]

I have sent an resignation email to my previous employer company A as below 
"As discussed, Please accept this email as my resignation for the job effective from today 30 JAN 2015. As per the norms I will be serving a 2 week notice period to the client and my last day of working would be 15 FEB 2015." 

My Intention was i will be working with the Company A till 15 FEB 2015 but employer misunderstood the last date as 30 JAN 2015 and based on that raised a H1b revoke request to USCIS and H1b was revoked on 12 FEB 2015 (I was not aware of this). 

My H1B transfer to company B was approved at the time I resigned company A and approval dates are from 09 FEB 2015 to 08 FEB 2018 and joined company B on 17 FEB 2015 with approved H1B extension. 

was i in legal status while changing employer

Additional information

I have worked for the client till 15 FEB 2015 as an employee of company A but since company A assumed 30 JAN 2015 as my last day of working they haven't issued the paystub yet. Can they issue the paystub or informing USCIS about the wrong last date so that it can be corrected. 

Please help with my situation