Sushmasri Posted November 12, 2014 Report Share Posted November 12, 2014 Hi I'm currently on L2 Visa status with EAD valid till Apr 2015. Also, I got my H1b picked in this 2014-15 CAP. Though I have an L2 with EAD I didn't work, also my employer who filed my H1b couldn't find me a job till date. I wanted to travel India in Jan 2015. Since i'm currently not working i'm afraid of the H1b visa stamping. so can I travel to india and come back to US on my L2 visa. if yes, then what's the status of my approved H1b. Link to comment
jairichi Posted November 12, 2014 Report Share Posted November 12, 2014 If your H1B was filed as COS and approved and if employer is not paying your salary you are out of status. You need to file a complaint with DOL about employer. Yes, you can exit and return back with a valid L2 visa and a copy of your spouse's I797. You will be eligible for cap exempt H1B petition in future. Link to comment
pontevecchio Posted November 13, 2014 Report Share Posted November 13, 2014 Your approved H1 petition should remain valid. But you may have to get another employer to file your H1. You will not get a visa if you stick with this current shady employer. It is manifest fraud that he could not find you a job if he does not pay you. Please talk to a Lawyer about the whole matter. Link to comment
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