H1 Cancelled without being informed

[dudzcool]

Dear All,

Need advice.

My wife came to US on H4 and later filed for H1 which was approved in July2008. She went back and returned to US on H4 in August 2008. Her H1 has come into effect from Oct 2008(I'm not sure on this). She was never paid and the company seems to have cancelled her H1 within the next 3 months.

We became aware of this only this week(after more than a year).

Her H4 visa is valid till september of this year.

Please advise if there is any option for me to get her in status(is she is out of it?)

Thank you.

[shervin143]

She is out of status for a long time. This may have serious issues later. Consult a good immigration attorney.

[kabkaba]

The employer was absolutely right in revoking the petition if the beneficiary never joined them. You need to consult an attorney.

[dudzcool]

Its not that she never joined, the employer is even now searching for projects. They just never informed that the they revoked her h1. I would have transferred her visa if only i knew it before.

[shervin143]

When you are in H1B you need to get paid to maintain the status. Making sure that happens is the H1B holder's responsibility. The below links will give you an overview of the rights and responsibilities of an H1B worker.

https://www.immihelp.com/h1-visa-holder-rights/

https://www.immihelp.com/h1-visa-hol...ponsibilities/