H1B Visa still need to be removed, but Resigned

[AmitGupta_H1]

Hi,

I joined a company XYZ in April and my Petition for H1B was filed in April lot. I was lucky enough to through the lottery but an RFE raised. My Employer respond to the RFE with enough proofs and documents (the kept it secret to them) and current status is "Documents Received". Because, of some reasons I have resigned the company now which raised disputes between me and Employer. Ofcourse, they threat me many ways along with that they threatened me to blacklist me in NASSCOM registry and they will REVOKE H1B with the reasons, so that I wouldn't ever be able to thorough the process?

Though I have no plans for travelling to US (specifically on H1B) right now but may have in future. I just want to know the relevance of these threats. How much worse it can go for me? Are there someways to minimize the effects?

Note: I was in US from April to July on B1 from the same company

Thanks & Regards
Amit

[raghvi]

Hi,

I joined a company XYZ in April and my Petition for H1B was filed in April lot. I was lucky enough to through the lottery but an RFE raised. My Employer respond to the RFE with enough proofs and documents (the kept it secret to them) and current status is "Documents Received". Because, of some reasons I have resigned the company now which raised disputes between me and Employer. Ofcourse, they threat me many ways along with that they threatened me to blacklist me in NASSCOM registry and they will REVOKE H1B with the reasons, so that I wouldn't ever be able to thorough the process?

Though I have no plans for travelling to US (specifically on H1B) right now but may have in future. I just want to know the relevance of these threats. How much worse it can go for me? Are there someways to minimize the effects?

Note: I was in US from April to July on B1 from the same company

Thanks & Regards
Amit

The company cannot blacklist unilaterally and truly speaking I really dont know how many IT companies in India abide by the so called "Nasscom list" As long as you serve the notice period, and adhere to any clause related to your employment you should be fine.

Do ensure to get your relieving papers by serving appropriate notice period and get the final settlement done.

As for H1 even if they revoke, and dont share with you the details, you can apply afresh next year.

This is my opinion not legal advice.

[AmitGupta_H1]

The company cannot blacklist unilaterally and truly speaking I really dont know how many IT companies in India abide by the so called "Nasscom list" As long as you serve the notice period, and adhere to any clause related to your employment you should be fine.

Do ensure to get your relieving papers by serving appropriate notice period and get the final settlement done.

As for H1 even if they revoke, and dont share with you the details, you can apply afresh next year.

This is my opinion not legal advice.

My mistake: It is "Approved" instead of "Removed" in title.

Thanks for your response Raghavi. Here the problem starts. I could't serve their complete Notice Period but I followed an option where I paid them against the Notice period (I am paying for full notice period). I have done proper Knowledge Transfer though. Still they are so corrupt and asked me to pay them for H1B (Verbally not ready to do it in written), for which I am not bound to pay. Now they are not giving me relieving and final settlement. I have requested them many times, and now with the opinion of one of my friend, I am going to send them an email mentioning "I have to go legal". Would this be an issue, as I don't have relieving?

I know you will state it as HR issue. But, I am just letting you know the situation and would really appreciate your any opinion.

[kabkaba]

You can sue them for unpaid wages. But there are no immigration related concerns from any of this.