urgent H1-H4 COS RFE question please..

[njny]

my COS H1-H4 applied by employer so somebody from his company represented my case to USCIS,I got RFE.
By chance can I hire an attorney to represent my COS RFE with USCIS instead of my employer/his person.

I am scared with my situation right now.Becoz I don't have much hopes on my employer. he is planning to support him in this RFE(searching for the reasons for my non paid months)

Thank yo very much

[txh1b]

You must get paid and if it is a H4 COS, you can have your attorney. In you were not paid for some time on H1, you have violated the law and are out of status.

Your employer must pay you at all times. Complain to DOL and they can get you back wages and put you back in status. If not, you are out of luck with the USCIS approving this case.

[njny]

txh1b,

thanks for the reply,

btw is it me who violated the law or my employer, i think its my employer who violated the law.

any how my concern now is I want to hire an attorney to respond to my H1-H4 COS RFE.

Once I change my status to H4, I will work on the other things..wh4....

Please clear my doubt, can i hire an attorney for my rfe & can i go to india & come back on my valid H4(valid until 10/1/09). I didn't get my H1 stamped.

Thanks

[txh1b]

The responsibility lies in you to report any violations too. So, no finger pointing as to who violated the law. When it comes to enforcing the law, you are out of status irrespective of who violated the law first.

The violation will not get erased if you travel and return on H4. Your H1b violation will come back to haunt you later on.

[njny]

txh1b

i am planning to get back on a h4 visa(status) first,
then i will work on the wh4 & other stuff..

so i need to know the answers for my previous post questions


Thanks txh1b