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H1B approved notice recieved (visa not yet stamped). If i quit will i loose my h1b ?

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  • H1B approved notice recieved (visa not yet stamped). If i quit will i loose my h1b ?

    All,
    My wife currently works in India for a company "A" and I am her husband living in the US on a Green card.
    Company "A" had filed for her h1b which was approved in September 2014 and she holds the orignal receipt from Uscis confirming selection in lottery and documents with her. Her company "A" does not have any projects in the US and is not getting her visa stamped for some reason.

    What option does she have :
    1) If she quits company A and comes to the US to join me by travelling on visitor visa does she loose her h1b approval ?

    2) After quiting Company A, if my wife comes to the US on tourist visa can she apply for a new Job (incase she doesnt loose h1b approval) and transfer her old Company A's h1b approval notice to a new employer. How much time does this transfer take place?. Will she need to go to India to get visa stamped from the new US employer who would transfer the petition in their name?

    3)Can company "A" ask USCIS to cancel my wifes H1b approval notice ?

    4) Company A is demanding all sort of expenses from her. As far as i know labour laws does not allow such type of bonds. Luckily my wife did not sign any bond..but her manager keeps scaring her that she need to spend atleast 6 months etc or they need reimbursement of lawyer fees and costs etc. her manager is not aware that she has not signed it Does she have any reason to worry ?

    Please advise and help us out to unite together ASAP.

    Thanks
    Anand

  • #2
    Originally posted by mehta_agm1979 View Post
    All,
    My wife currently works in India for a company "A" and I am her husband living in the US on a Green card.
    Company "A" had filed for her h1b which was approved in September 2014 and she holds the orignal receipt from Uscis confirming selection in lottery and documents with her. Her company "A" does not have any projects in the US and is not getting her visa stamped for some reason.

    What option does she have :
    1) If she quits company A and comes to the US to join me by travelling on visitor visa does she loose her h1b approval ?

    2) After quiting Company A, if my wife comes to the US on tourist visa can she apply for a new Job (incase she doesnt loose h1b approval) and transfer her old Company A's h1b approval notice to a new employer. How much time does this transfer take place?. Will she need to go to India to get visa stamped from the new US employer who would transfer the petition in their name?

    3)Can company "A" ask USCIS to cancel my wifes H1b approval notice ?

    4) Company A is demanding all sort of expenses from her. As far as i know labour laws does not allow such type of bonds. Luckily my wife did not sign any bond..but her manager keeps scaring her that she need to spend atleast 6 months etc or they need reimbursement of lawyer fees and costs etc. her manager is not aware that she has not signed it Does she have any reason to worry ?

    Please advise and help us out to unite together ASAP.

    Thanks
    Anand

    Why hasnt her GC been filed too?

    Comment


    • #3
      Originally posted by raghvi View Post
      Why hasnt her GC been filed too?
      I have applied for her green card too. Can you please advice on the main question.

      Comment


      • #4
        Originally posted by mehta_agm1979 View Post
        all,
        my wife currently works in india for a company "a" and i am her husband living in the us on a green card.
        Company "a" had filed for her h1b which was approved in september 2014 and she holds the orignal receipt from uscis confirming selection in lottery and documents with her. Her company "a" does not have any projects in the us and is not getting her visa stamped for some reason.

        What option does she have :
        1) if she quits company a and comes to the us to join me by travelling on visitor visa does she loose her h1b approval ?

        2) after quiting company a, if my wife comes to the us on tourist visa can she apply for a new job (incase she doesnt loose h1b approval) and transfer her old company a's h1b approval notice to a new employer. How much time does this transfer take place?. Will she need to go to india to get visa stamped from the new us employer who would transfer the petition in their name?

        3)can company "a" ask uscis to cancel my wifes h1b approval notice ?

        4) company a is demanding all sort of expenses from her. As far as i know labour laws does not allow such type of bonds. Luckily my wife did not sign any bond..but her manager keeps scaring her that she need to spend atleast 6 months etc or they need reimbursement of lawyer fees and costs etc. Her manager is not aware that she has not signed it does she have any reason to worry ?

        Please advise and help us out to unite together asap.

        Thanks
        anand

        please advise experts

        Comment

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