No LCA, No Amendment

[erca]

Hi,

 

I am writing this is regarding an urgent situation where my current employer has confirmed me about not filing any LCA or amendment for the relocation I did for them.

 

More Details:

1. Came from India to work with Employer A
2. Employer A is still my current Employer.
3. Employer deployed me to three different clients in three different locations.
4. No LCA and No Amendment filed for 2nd and 3rd location change - client change.
5. Now, they are sending me back to India and will revoke my H1-B Visa.

Please let me know what is my current situation now and how to bring to the right track?

 

Thanks

[jairichi]

Your employer violated immigration laws. You are eligible for a flight ticket back home paid by your employer. If you have not reached the max of 6 years on H1B an employer can file a cap exempt H1B petition whether current H1B petition is revoked or not.

[JoeF]

Are they paying for your flight? If they lay you off, they have to.

Other than that, there is nothing you can do.

Next time, find a better employer, not some shady consulting company.

[erca]

Thanks for your responses. However, have one more query here -

Would it be possible to transfer my H-1B Visa to new employer without going to India?

Also, what other options I can try at my end?

[jairichi]

Thanks for your responses. However, have one more query here -

Would it be possible to transfer my H-1B Visa to new employer without going to India?

Also, what other options I can try at my end?

Before your last day of work with current employer any employer can file a cap exempt H1B petition. This will be possible if you have not reached the max allowed of 6 years on H1B.

[erca]

Before your last day of work with current employer any employer can file a cap exempt H1B petition. This will be possible if you have not reached the max allowed of 6 years on H1B.

 

Thanks for confirmation. I was worried if this would be a trouble in near future while filing my Green Card with new employer.