h1 amendment issue


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Hi all,

I applied h1(recap) from India with cp and traveled to USA on h4 before h1 approval due to family circumstances. After that employer filed h1 amendment for cos. Its been 4 weeks filed and now I want to be in h4 due to health issues. I have no intention of working here for at least next 1 year. Now employer is refusing to withdraw amendment and saying I cheated on him by refusing to work. I don't know what to do now.

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If possible exit and enter US on H4 visa and a copy of your spouse's I797 and this will make the COS part of H1B petition to be considered abandoned. If you have signed any agreement with that employer with any damage clause for not joining employer then you might be liable for that. Talk to a good labor attorney.

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