Approved H1B- Cheated by Employer- No Job (Urgent Help!)

[rkaushikk 0]

Hi

I have an approved H1-B since 2008 and now got renewed in Feburary 2012. My Employer is holding my H1-B copy.He is neither giving me any employment opportunity in US since the time I got my Visa in 2008 till date nor responding to any of my calls and email. Despite niche certifications and good credentials he is not able to place me anywhere. He does not have any recruitment team nor he is willing to hire. The employer has not even filed W2 for me.I am currently in India.

1) I want to know ..Can I get a duplicate copy of H1-B / I-797 ( Notice Of Action ) from USCIS ?

2) If so, will it be valid to do an H1-B transfer to another employer.

3) Can I do an H1-B transfer with just the receipt Number ?

Appreciate your quick response

Raj

[aaron2020 11,651]

Did you pay this employer a "fee" to get the H1-B?

[Boiler 45,318]

Is this a real Employer, what do you mean by place you? Sounds more like a labour agency.

[Penguin_ie 5,993]

You would be better off getting a new employer to file a new visa for you.

[Lisa Anderson 0]

Hi

I have an approved H1-B since 2008 and now got renewed in Feburary 2012. My Employer is holding my H1-B copy.He is neither giving me any employment opportunity in US since the time I got my Visa in 2008 till date nor responding to any of my calls and email. Despite niche certifications and good credentials he is not able to place me anywhere. He does not have any recruitment team nor he is willing to hire. The employer has not even filed W2 for me.I am currently in India.

1) I want to know ..Can I get a duplicate copy of H1-B / I-797 ( Notice Of Action ) from USCIS ?

2) If so, will it be valid to do an H1-B transfer to another employer.

3) Can I do an H1-B transfer with just the receipt Number ?

Appreciate your quick response

Raj

There is some information missing as you don’t say when you went back to India. This is important.

Technically, you may not have a right to the H-1B approval notice other than for appearing at a visa interview or proof of status when you’re in the U.S. If you are in India and he doesn’t want you to enter, then he doesn’t have to give you the approval notice. If your approval was granted while you were in the U.S., you did have a right to have it because it contains your I-94.

When you’re talking about W-2, it seems you were in the U.S.- did you speak with an immigration attorney or an employment lawyer at any time? While what your employer was doing is wrong/illegal, you were also responsible to make sure you maintained your status and by not working during the time you were here, you were accruing unlawful status. This can have serious repercussions on future applications.

[Harsh_77 718]

Have you been getting paid?

Is he running a payroll for you?

[rkaushikk 0]

Hi folks

Thanks for your response. As asked I am replying all your queries..

I had paid to employer for my H1B visa.

I went twice to US during this period on my expenses and stayed there for 2 months and 4 months resp.to get job as my employer said. But all in vain. My employer has not paid me during that time also, except for few dollars and that too showing as payroll. After my visa renewal since Feb 2013, I have not gone nor I have approval copy as my employer is not willing to give me the same.

My employer never let me to speak with his lawyer at any time.

Waiting for immediate response

Raj

[Owen_London 65]

It sounds to me like you've been scammed, sorry. I suspect your visa doesn't exist.

Employers are supposed to pay for working visas themselves, and it is very odd to never show you the approval or let you speak with the lawyer.

That said, you shouldn't have a W2 unless you have worked in the US.

[Harsh_77 718]

If your employer is not running a regular payroll and not paying your on regular interval, means you are no longer employed with the employer.

If you are not employed with the employer your H1B is invalid.

[Boiler 45,318]

Unfortunately you have been scammed, the majority of the fees have to be paid by the Employer. Please report them to USCIS to hopefully avoid others falling into their trap.

[Morningmist 76]

Report your ex-Employer to USCIS. They are committing fraud and their operations need to be shut down.