Legal Question in Immigration Law in Pennsylvania

I came here in usa on h4 visa,applied for h1b and got approved h1b change of status petition that would allow me work permit starting from oct 2009.

I started looking out for project/work till april 2010 but couldnt find it out,then went to india for personal reason on H4 in may 2010 and got back on H4 in june 2010.

Ever since I returned back here,I tried to contact my employer however he is not reluctant to get back to me.I dont have anything else other than approved H1B petition.

So how do I proceed in this case since I have not in touch with him?. Employer took money from me for h1b petition and had sent me email that he had taken money as training cost.

1)can i file a complaint to USCIS aginst my employer or can i need to file fraud case against my employer in police.

2)Since I dont have pay stub,can I transfer my H1B petition to another employer?

3)what would be the pros and cons if I files complaint against my employer?


Asked on 7/22/10, 12:40 pm

2 Answers from Attorneys
Luba Smal Smal Immigration Law Office

All questions about taking a legal action against a prospective employer you shall address in private to an immigration attorney.

As to your question about 'transfer' - no, you can't transfer because you are not in H-1B status but in H-4 status. If you find an employer willing to offer you a job and file a new H-1B petition, they will have to petition for you.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. For more information or to schedule a consultation, please visit http://www.law-visa-usa.com/contact_us.html

If you would like to request a confidential legal advice or schedule telephone or email consultation regarding your specific situation, please email me directly at Attorney @ law-visa-usa.com . Office Telephone line is 1-402-210-2040 (please EMAIL first to schedule a consultation appointment). I am an immigration attorney and work with clients from all States and globally. More information at http://www.law-visa-usa.com/.

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Answered on 7/22/10, 3:49 pm
Brian D. Lerner Law Offices of Brian D. Lerner, A Professional Corporation

Hello:

First, coming back on an H-4 when you had an H-1B may be considered fraud. However, you are not in legal status now. However, you may not be accruing unlawful presence days. I would get another employer to petition you and try to get the H-1B (which will be very difficult), or you could get the H-1B visa by leaving the U.S. Then, worry about bringing charges against the former employer.

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Answered on 7/22/10, 10:37 pm


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