H1 withdrawal

[freemail]

Hello,

I'm woriking in the US for company A on L1B visa.
My H1 was filed from company B in May 2008.
Company B applied with COS from L1 to H1. I came to know about it in Aug 2008 and at that time the H1 processing was pending.
So I travelled to India on Sept 15 2008 and came back to the US on L1B on Oct 10 2008 with new I94 because I wanted to work on L1B visa for company A.

After coming to the US on Oct 15 , I found that the H1B processing was pending. In Nov 2008, the employer B told me that he's got an RFE and need to respond to it. I wanted a few documents for the responding to the RFE.
The employer B responded and till date the status on the USCIS website shows "Response to the Request received and the procesing has resumed".

As I did not want to work on H1, I asked for the withdrawal of the H1.
The H1 employer wrote a letter to the USCIS for the withdrawal. Employer told that he'll send me the letter from the USCIS that it was withdrawn.

Could you answer the following questions:

1) The travel on the pending H1 case voided the COS so I'm back to L1 and working on it. Since I've asked for withdrawal and the case was COS, if my H1gets approved with COS and then the USCIS sees the withdrawal letter from the employer, in this case what the situation would be ?

2) After the withdrawal how would I know that I will be on L1 ? Can travel minimize the problems because I'll be back on L1 with new I94 ?

3) My current L1 is valid till Sepy 2009. Can I travel and re-enter US any time during this period ?

4) I need to submit my papers for L1 extension inMay 2009. Will my L1 extension have any negative impact ?

5) What are the potential problems that you see in mu case.

I'm really worried.

Thank you.

[txh1b]

1. You would be illegal. But since you voided the COS by travel, should not be a big deal and the likelihood of COS approval is slim to none.
2. Yes. But you mentioned you already did that.
3. Yes
4. No
5. Nothing

Did you not ask these questions recently? If not you, someone did as I remember answering them.

[freemail]

Thanks, for your answer # 2, yes I travelled when my H1 petiton was pending with USCIS.
I have the most current I94 with me and working on L1.

I did not ask any query.

Also, how do I confirm that my H1 was withdrawn from the USCIS ?
Should I ask the employer to send me a copy of the letter written to the USCIS or is there any other way ?

I know H1 and L1 are employers petitions and we hardly have any role to play.

[txh1b]

USCIS takes 2-4 months and sometimes more to act on a withdrawal notice.

[freemail]

I paid for my H1. I later understood that it was wrong.
Now that he has decided to withdraw, I should be getting my money back, correct ?
What action can I take if he does not give me my money back ?

[Subramanya]

I paid for my H1. I later understood that it was wrong.
Now that he has decided to withdraw, I should be getting my money back, correct ?
What action can I take if he does not give me my money back ?

---- As such you can do nothing. You can say good bye to your money

---- You can spend your lifetime in recovering the money and it is easier to forget

Subramanya

[freemail]

Why, can't I complain to the DOL ?
It is illegal to pay for H1 as well as ask a payment for H1.

[freemail]

Why, can't I complain to the DOL ?
It is illegal to pay for H1 as well as ask a payment for H1.

Can someone answer my question ?

[txh1b]

You can complain but not with your argument mentioned it the thread. You were okay with them taking the money and now you want it back? I see some hypocrisy here but still I would side with you as the employers are not supposed to take the money.

[freemail]

Yes,I know I was wrong in paying him. I really feel sorry now.
With whom should I complaint ? DOL with WH4 form or with some other agency ?

Please let me know.

Also, would this complaint cause any problem with my future immigration prospects etc ?

[txh1b]

DOL WH4. Did I not say it earlier and there are plenty of posts on the forum about the same stuff. Please stop asking the same questions repeatedly.

https://www.immihelp.com/h1b-visa-employer-violations-complaint-procedure/

[freemail]

Sorry, I understand that there would be many people like me who might have asked such questions repeatedly.
Was a bit confused. Sorry again !

Would this have any negative impact on my current L1 and future extensions?
Sorry again if it sounds silly.

[txh1b]

Not unless you were out of status.

[freemail]

Thanks. I've laways been on status on L1 and have a project that is going good !
Also, how much does it take to file for H1B (including attorney fees) ? I would like to know the proper division as I know the employer would make fuss by exagerating the cost !

[txh1b]

Paying for H1b is illegal.