H1 employer - Urgent

[rage]

I'm on L1b visa and working in the USA now. This year I applied for H1B through a consultant with change of status from L1 to H1. My H1 got approved now.

I'm planning to "leapfrog" and come back in Nov on L1B visa.
I told the H1 employer that I cannot join his company on Oct 01 as I have some commitements and cannot join him till March 09. He is threatening that he will withdraw my H1 now. I've paid for my H1. What do I do ?

If he withdraws by H1 before Oct 01, then I'll be in grave problems because I cannot fall back on L1B

What should I do ? I do not want to my L1B company to create problems for me... please help.

[rage]

Can some please reply ? This is urgent

[orion]

Why cant you fall back on your L1 if H1 is revoked??

This sounds like your personal problem, not a immigration problem. You chose to apply for H1 knowing well about the start date as 01OCT. Now suddenly you remembered your L1 commitments. Forum memebrs can't advise you about what you can do, you weigh the situation and act.

[txh1b]

If he withdraws by H1 before Oct 01, then I'll be in grave problems because I cannot fall back on L1B

What should I do ? I do not want to my L1B company to create problems for me... please help.

The H1b employer can withdraw the petition anytime, but your L1 status remains valid until Oct 1st. On Oct 1st 12 a.m, you fall out of status. If you leave the country before that and enter later on on L1, you have nothing to worry about.

Nothing to worry in that respect wrt the L1 employer as well. Also, a withdrawal of H1b does not restrict you from transferring the H1b to a different employer later on. Read the H1b FAQs on immihelp.

[H1Success]

You Should Have I-797 With you

As txH1B mentioned --

You can transfer you revoked H1B but for that you should have I-797.
If your employer is withdrawing before Oct then you should try to take I-797 from him.It seems diffcult to get that from him but try It..

[txh1b]

As txH1B mentioned --

You can transfer you revoked H1B but for that you should have I-797.
If your employer is withdrawing before Oct then you should try to take I-797 from him.It seems diffcult to get that from him but try It..

No need to buy it. You can use online case status print out as well to prove cap count if you are sure tha approval belongs to you. A copy of I797 confirms it but a online printyout will work as well.

BTW, to OP, paying for H1b is illegal. Why did you pay for it? File a complaint against your employer if you have proof of payment.

[rage]

Thank you all for your replies. I appreciate it.
I'm worried now.

He asked me to pay. There are many others also who have paid for H1B.
He told me he will pay me back after I join the firm.

[rage]

Also, I have asked him to email be the copy of I797, he is not doing so. He is not even responsing to my email.

He gave me a receipt number by email and also the H1B payment that I did was through cheque. I have the cheque number with me.

[txh1b]

Also, I have asked him to email be the copy of I797, he is not doing so. He is not even responsing to my email.

He gave me a receipt number by email and also the H1B payment that I did was through cheque. I have the cheque number with me.

Good. Get a copy of the check from your bank. File a complaint using WH4 form with DOL. They will get your money back. Have fun!

[rage]

Thanks a lot TxH1B

So in order to save my L1B all I need to do is go out of US before Oct 01 and come back after it, correct ?

Why these consulting companies create problems for all of us ? Is the DOL not looking into such issues ? Why are people hesitant to file a complaint ?

[txh1b]

Why these consulting companies create problems for all of us ? Is the DOL not looking into such issues ? Why are people hesitant to file a complaint ?

Because people like you and many others continue to involve in illegal practices like paying for a H1b. You are the cause for your own problems.

[rage]

Yes, whatever you said is 100% true !!!
I agree. You are a boon to this forum.

Thank you for all your help