H1 to H4 conversion

[sobbysoprano]

Hi ,
I have few questions regarding H1B to H4 conversion . Let me explain the entire situation .

1. March 2014 - In month of March 2014 , we decided to file for H1 B for my wife . I paid 1000$ from my end to the employer for the H1 B process .
2. May 2014 - In May 2014 , we got informed by email from employer that the H1B is selected in lottery .
3. June 2014 - When i asked the receipt and proof for the receipt number . The employer asked me for signed blank check , which i didnot agree to give/pay him . Later end of June he called me and asked for 1000$ . I said i am not going to pay anything , since the employer never mentioned something like this in beginning .

4. July 2014 - I got to know my wife is pregnant for 2months . So we both decided to stop h1b process ,since she cannot work until June next year (2015)
5. August 2014 - I have few concerns now .

- Can i stop her H1 B process OR can i Change Of Status(COS) after she gets H1B ?
- We dont know if employer has applied for H1 B since he has not provided any receipt . I just want to know if me/wife are going to be any problem with the employer attitude not letting us know ?
- Also if i file COS , do i need to provide any information wrt employer in the form (I-539) ?

I would appreciate If someone can let me know what i need to do in such a situation . How do i seek any help from anyone if needed in such situation ?

[raghvi]

Getting caught in the web of such unscrupulous employer by paying for ones own H1 was the first mistake.

- If already filed, you cannot unilaterally stop COS to H1.The employer has to do it.
- If employer indeed filed for COS, and it gets approved, then your spouse must work and get paid by the employer from 01-Oct-2014, if she does not she would go out of status.
- You dont file a COS to H1, the employer files for it using form I129.

You need to negotiate with the employer to cancel the COS and if they dont relent, you should complain to the DOL.

This is my opinion not legal advice.

[sobbysoprano]

Thanks for the reply .

I had a talk to the employer , the employer said he will answer received rfe and get the h1 b .
He also says my wife can start working from next June and he will able to manage it from his end .

But i am not sure how will he be able to manage and thinking if i will be any problem by doing something like this ?

[sobbysoprano]

Employer not providing documents

Hi , my wife recently got her H1 B approved . But she is pregnant and employer want her to get back to H4 . The employer is not ready to provide her any H1 B documents I797,I94 and other documentation . What action should i take to get all her documents ? Employer says he will apply for h1-h4 conversion from his end