Employer says no vacancy after stamping H1B.

[githu_me]

Please give me some advice. I don’t know what to do…

I am a Registered Nurse. I was issued an H1b visa for an employer at New York State (though an agency at Delhi). Me, my friend and two other nurses were issued H1b visa as Nurse Manager for an hospital at Bronx New York. We had to give 3 lacks each to the Delhi agency to get our passport released after H1 visa was stamped.

Now the Delhi agency / New York employer says there is no vacancy in the hospital we were given the offer. Its almost six months now. I have the offer letter with designation / salary / etc that was issued to me and submitted at the embassy to clear my embassy interview…I would like to know.

1. Can I fly to US with this visa and search a new employer to sign up with.

2. What are the formalities for cancelling an H1b visa ( I am in need of money, The agency has agreed to give back half the money, if I cancel the H1 visa. signing a paper that they give, saying I don’t like to go to US due to personal reasons hiding the above actual reason)

3. Hope I will never be able to apply for a US visa if I cancel an H1b visa that’s issued.

Thanks
Githu

[kabkaba]

Paying for H1 is illegal. Nobody is legally allowed to hold your passport for any reason. I thought H1 was for professionals with a Bachelor's degree. There is probably H2 or H3 for nurses. In any case, all this sounds like scam to me. You can register a complaint after seeking a lawyer's help, but unfortunately consider most of your money gone.

[shervin143]

In addition to the below comments, you cannot travel to U.S in H1B visa without a job in hand. Travelling in H1B to search for job is illegal and if caught, you can be banned for life from entering U.S. Also, there is no need for you to cancel the visa in your passport.

You can file a complaint about the employer to DOL. Check the below link.

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

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

Also, file a complaint to the local delhi police about the agent who got money from you. At least that will help others from geting cheated the same way.

[githu_me]

H1b for Nurses

Thanks Shervin , kabkaba...My money is gone

Its was my dream to go to US... but i am cheated....Apart from paying 3 lakh ..the Delhi agent was compelling us to sign a promissory note saying I shall pay 300$ to them every month. The promissory note that send to me by the agent is attached.

[kabkaba]

Consult an attorney asap and complain to the Police. Also inform the US embassy of this fraud.

[shervin143]

Yes. Please file a complain with DOL, the U.S Consulate in Delhi and with the local police station. Like mentioned below, do not invite more trouble by signing any documents without consulting a good lawyer..

[txh1b]

These scum bags can't even spell or write a promissory note correctly. As suggested, complain with proof of payment made, communications/emails etc to DOL, Consulate. they will ensure that you get the money back and them not cheat anyone else.