Bad H1B consultant

[aspire1]

Hello,

This year I got my H1B filed from a desi consultant based out of NJ.
I read the reviews of this consultant. An ex employee says that they are bad, thieves and dacois. They enslave the employees.

I'm in great trouble now. Don't know what to do.

My H1B processing is still pending with USCIS.
The consultant gave me the receipt number. Just to confirm if the receipt number belongs to me, I asked them to send me the I797 form to see if my name is printed there. I do see the consultants name and my name there.
Can this be **** ?

What should I do now ?

Thanks.

[aspire1]

To add to my post, I've paid for my H1B.
I did not sign any contract / bond.

Can they sue me or create any problems for me if I do not join them ?

[itzprams]

My H1B processing is still pending with USCIS.
The consultant gave me the receipt number. Just to confirm if the receipt number belongs to me, I asked them to send me the I797 form to see if my name is printed there. I do see the consultants name and my name there.
Can this be **** ?

If your employer has given you a copy of I-797 then how come you say "H1B processing is still pending". Was it COS approved? If not then you can transfer your H1 to another employer whenever you wish to.

[aspire1]

I got I797C form from the consultant that has my name and the consultant's name.
The USCIS website shows my H1 petition is still pending.

Yes, it was COS from L1 to H1.
But to void COS, I did leap frog. I was out of the US before Oct 01 2008 and came back on Oct 13 2008 with new I94 on L1B visa.
Now I'm working on L1B visa and want to continue.

But what to do about this bad consultant ?

[txh1b]

You have void the COS, no problem with status then. Wait till the H1b gets approved to do anything about it.

Why did you pay for the H1b? Did you not know it is illegal?

[aspire1]

Thank you all.

I came to know about paying for H1b is illegal only after I heard about it in this forum. I feel sorry for it.

I'm not that concerned about my money. Money will come and go whenever it has to. I want to avoid any legal hazards.

Will I be safe if I do not join the H1 consultant ?

[txh1b]

Will I be safe if I do not join the H1 consultant ?

Yes, as far as status goes. You don't seem to care for money anyway!

[aspire1]

Thanks, TxH1B.
I do care for money but at this moment, I want to avoid all legal problems and peacefully work here. So peace scores over money now.

a) Today it's Dec 09, still my H1B is pending. Is there any rule that all the fresh H1s should be approved before Oct 01 of that year ?

b) I've not informed the consultant that I've done leap frog. Depending on my situation that I've described, should I inform my consulant that I did leap frog ?

c) These days it seems lots of fresh L1s and L1 extensions are getting rejected. If I apply for my L1 extension in Feb 09, can my H1 be a cause of rejection ?

d) In the L1 extension form, do I've to state that I've applied for H1 ?
I'm really worried as my current L1 employer does not know that I've applied for H1.

e) What should I do to not to avoid these problems ?

Please help. Thank you all.

[txh1b]

a. No such rule. The delay may be due to the bad reputation of your H1b employer.
b. Your choice. Does not impact the processing of H1b as such. It is irrespective of leap frog.
c. They are not related.
d. No
e. Do nothing.

[aspire1]

Thank you, TxH1B

Should I ask the H1B consultant to withdraw my pending H1 or let it get processed ?
I DO NOT want to work on H1 anymore.

[txh1b]

Make some decisions for yourself. It does not hurt to have a H1b processed as it is not going to impact your status.

If you don't want to use it, go for a withdrawal which will help someone who was not picked in the lottery to get the H1b.

[aspire1]

Yes, I understand. I sopke to the consultant and he's is not ready tp withdraw my H1 application.

I hope he does not create any problems for me

[aspire1]

Suppose if my H1 gets approved, will it come with a new I94 ?
I've already done leap frog so the I94 on L1 that I have should be the latest one, isn't it ?

Does the USCIS know that I've done leap frog ?

[txh1b]

YOU ARE FINE. Nothing to worry. Leapfrog is not a term defined in legal books. It is just a simple last action rule applied to USCIS. If they know it or not, nothing is going to change. You remain as per the new I-94 status.

As per the rules, if one leaves the country on a pending application, the COS is invalid. That is what is the undelining factor.

You can quit worrying unnecessarily.

[aspire1]

I spoke to an immigration attorney.
She told me if the H1B approval comes with a new I94 attached to it, then my status automatically changes to H1 and cannot work on L1.

Can this happen ? If yes, then what should I do ?

I did leap frog to void the COS as I do not want to work on H1.

Thanks.