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uncentainty
05-08-2011, 11:39 PM
I worked under H1B (valid 11/02/2009 - 10/14/2012) with nonstop paystubs since 11/02/2009.

On 08/02/2010, some bad girl just wrote one short sentence false statement to USCIS and cancelled/revoked my H1B on 08/09/2010 secretly since she didn't notify anybody about what she had done. She also ignored 2 USCIS letters (dated 08/13/2010 and 02/04/2011 respectively) regarding the H1B cancellation.

When I was going to join a new employer in March, I was told that my H1B was "inactive" and "retracted" by USCIS. the bad girl subsiquently filed a H1B petition with nunc pro tunc requirement for me but USCIS only approved I-797B with validation period 04/14/2011 - 10/14/2012 without I-94. I have to get H-1B visa from a US consulate.

Will I be subject to 3 years ban?! Technically I have been OOS since 08/09/2010, however, I have been paid without any gap since 08/09/2010. I have nonstop paystubs since 11/02/2009. I am still being paid. The next paystub will be available on next Friday.

Will I be subject to 3 years ban when I apply for H1B visa stamp in a US consulate?! Can I apply for a visa back?! Can I file a criminal charge against this bad girl?!

Can my new employer file a H-1B transfer based on my previous H-1B approval notice and previous I-94 and my nonstop paystubs? Can I start to work for my new employer once I get the receipt notice?!

I feel hopeless until found this forum! Thanks for your helps!!!

Life is uncertain :confused:

redcard
05-09-2011, 09:24 AM
Not sure what you are trying to say here. How did the 'bad girl' revoke your H1B and again refilled your H1B? Is the bad girl your employer? Were you not aware of the refilling of your H1B by the bad girl and did your employer not know when your H1-B was revoked the first time?

Based on what you have written you will need to get the stamping done back at a consulate before you can start working again. Stamping can be an issue based on your information.

It will help if you give more information and stay away from the bad girl.

Michael chertoff
05-09-2011, 09:30 AM
Not sure what you are trying to say here. How did the 'bad girl' revoke your H1B and again refilled your H1B? Is the bad girl your employer? Were you not aware of the refilling of your H1B by the bad girl and did your employer not know when your H1-B was revoked the first time?

Based on what you have written you will need to get the stamping done back at a consulate before you can start working again. Stamping can be an issue based on your information.

It will help if you give more information and stay away from the bad girl.

First we need to investigate who is bad girl. we need more detailed information about that bad girl.

MC

HRPRO
05-09-2011, 10:12 AM
Uncertainity,

I understand it is not desired to share your personal information in a public forum but when you are looking for guidance, you will have to be a little more specific. If you are finding it too delicate to discuss in a public forum, you can always consult an attorney.

But if you have all the paperwork to prove your legal stay in the US, you have nothing to be worried of.

waitingnwaiting
05-09-2011, 10:15 AM
I worked under H1B (valid 11/02/2009 - 10/14/2012) with nonstop paystubs since 11/02/2009.

On 08/02/2010, some bad girl just wrote one short sentence false statement to USCIS and cancelled/revoked my H1B on 08/09/2010 secretly since she didn't notify anybody about what she had done. She also ignored 2 USCIS letters (dated 08/13/2010 and 02/04/2011 respectively) regarding the H1B cancellation.

When I was going to join a new employer in March, I was told that my H1B was "inactive" and "retracted" by USCIS. the bad girl subsiquently filed a H1B petition with nunc pro tunc requirement for me but USCIS only approved I-797B with validation period 04/14/2011 - 10/14/2012 without I-94. I have to get H-1B visa from a US consulate.

Will I be subject to 3 years ban?! Technically I have been OOS since 08/09/2010, however, I have been paid without any gap since 08/09/2010. I have nonstop paystubs since 11/02/2009. I am still being paid. The next paystub will be available on next Friday.

Will I be subject to 3 years ban when I apply for H1B visa stamp in a US consulate?! Can I apply for a visa back?! Can I file a criminal charge against this bad girl?!

Can my new employer file a H-1B transfer based on my previous H-1B approval notice and previous I-94 and my nonstop paystubs? Can I start to work for my new employer once I get the receipt notice?!

I feel hopeless until found this forum! Thanks for your helps!!!

Life is uncertain :confused:

There are lot of bad girls. Stay away. :D:o:):(:confused::mad::p;):rolleyes::cool::eek:

uncentainty
05-09-2011, 11:05 AM
the "bad girl" is a clerk in the International Programs Office of a University. She helped HR in another building to prepare H-1B, J1, forms. Put in another word, she helped/helps the representative (HR director) of the petitioner (University) and communicates with USCIS. She made a series of mysterious "errors":
1. On 08/02/2010, she sent a letter to USCIS and requested: "Please cancel the H1B visa for Dr. Nerd effective immediately. He is no longer employed at the University", without verifying whether I was employed or not. (due to some error, she thought I was not working). Surprisingly, she didn't notified anybody about what she had done.the
2. On 08/09/2010, the Notice of Decision from USCIS comfirmed the cancellation of my H-1B. She still didn't notified anybody about this USCIS Decision.
3. On 01/27/2011, when I wrote an email to her regarding a possible 2-months unpaid leave in the far future if there is a funding gap, she checked my file and found that my H-1B was erroneously/accidentally cancelled by her five and a half month ago. However, she tried to cover it and wanted to resolve the problem secretly by herself. She acted normal and covered the fire and thus nobody knew my H-1B was revoked.
4. Not surprised, she failed due to some other errors such as she ignored the letter from USCIS dated 02/04/2011 regarding my case (the letter is still not opened yet) . On 03/09/2011, the Immigration Services Officer Mr. Alfonso Agorrilla wrote an email back saying "the decision on this case has been revoked and it will remain unchanged."
5. On 03/11/2011, with 2 days delay, she wrote me an email saying "... your file .. was inactive, because of a glitch ... your H was retracted with USCIS in August 2010 ... but I can refile the H ..." She dared not to mention "revoked", causing a big confusion. I thought this was some retaliation, because I just got a job offer from my dreamed employer on 03/08/2011.
6. On 03/23/2011, she sent out my new H-1B petition. I requested her to use experienced attorney to handle this. However, she replied that lawyers make people nervious and defensive and could make things worse, therefore, she preferred to using her lousy and ineffective method and eventually got the deny from USCIS on 04/15/2011.
7. On 04/20/2011, the hardcopy of the I-797B arrived. Finally she wanted to use legal services and agreed to meet lawyers on 04/21/2011. However, she was rushing to have her one week vacation, therefore, she made a "mistake" and let me bring all the correspondences between USCIS and her to the lawyers and thus gave me a chance to know what had happened and collected all the hard evidences to sue her if I like to.
8. The biased lawyers let me stay within US and don't go to apply for visa in a US consulate. Are they right?
9. I have been continuously working without gap since 11/02/2009 till now and to the future.
10. My new employer will retract my decent job offer because they can't just wait for me.
11. If I am banned for 3 years. My house ($380,000USD) will soon be under forclosure and my family will be separated thousands miles apart for 3 years.
12. I may kill myself if my wife suddenly divorces me someday within this 3 years and marrys to some US citizen and refuse me from seeing my 2 lovely kids. (She has H-1B too).

Please save me!!! I feel I am a slave without rights.

raj1998
05-09-2011, 11:17 AM
Seems like you have strong case for suing University

uncentainty
05-09-2011, 11:20 AM
HRPRO, thanks! I see some hope from your reply! Shall I leave US and apply the H-1B visa back? My original H-1B is supposed to be vaild from 11/02/2009 to 10/14/2012, I have been so far paid bi-weekily without any gap. The latest H-1B approval notice (without I-94) is vaild from 04/14/2011 to 10/14/2012. On the new notice, it says I am not authorized to work at this moment, however, I have been working continuously without any gap. Shall I stop working? But why the people around me still want me to continue my work and finish the NSF funded project? Even the immigration lawyers hired by University let me to continue to work. What is the problem with these guys?

They are preparing so call Motion to Re-Consider.:confused:

HRPRO
05-09-2011, 11:21 AM
Hire a good attorney immediately and you should be good

roseball
05-09-2011, 11:31 AM
HRPRO, thanks! I see some hope from your reply! Shall I leave US and apply the H-1B visa back? My original H-1B is supposed to be vaild from 11/02/2009 to 10/14/2012, I have been so far paid bi-weekily without any gap. The latest H-1B approval notice (without I-94) is vaild from 04/14/2011 to 10/14/2012. On the new notice, it says I am not authorized to work at this moment, however, I have been working continuously without any gap. Shall I stop working? But why the people around me still want me to continue my work and finish the NSF funded project? Even the immigration lawyers hired by University let me to continue to work. What is the problem with these guys?

They are preparing so call Motion to Re-Consider.:confused:

First of all do not panic. Do not leave the country. I am assuming the motion to re-consider is to ask USCIS to re-consider their decision of H1 approval without I-94. If its accepted and approved, USCIS will issue a new I-797 with I-94 attached which will solve your issues. Otherwise, you can personally approach or consult with any reputed attorney and get their advise as well on how to proceed. And yes, technically, you are not supposed to continue working since you do not have authorization to work.

thankgod
05-09-2011, 01:40 PM
HRPRO, thanks! I see some hope from your reply! Shall I leave US and apply the H-1B visa back? My original H-1B is supposed to be vaild from 11/02/2009 to 10/14/2012, I have been so far paid bi-weekily without any gap. The latest H-1B approval notice (without I-94) is vaild from 04/14/2011 to 10/14/2012. On the new notice, it says I am not authorized to work at this moment, however, I have been working continuously without any gap. Shall I stop working? But why the people around me still want me to continue my work and finish the NSF funded project? Even the immigration lawyers hired by University let me to continue to work. What is the problem with these guys?

They are preparing so call Motion to Re-Consider.:confused:



I am very sorry for your situation.

You are a victim here. Dont panic. Just go to US consulate and get stamped with your new approval.

You dont have any communication from university about revoking.You are good to go.

Best thing is go to consulate for stamping as soon as possible.

thomachan72
05-09-2011, 01:56 PM
Hire a good attorney immediately and you should be good

Absolutely. Spend a few $$ and immediately talk with a good attorney. In this case it seems to be almost criminal negligience on part of the "bad girl". The best option for you is to come clean with the US. Your OOS was not due to your fault. It is the responsibility of your employer to inform you timely about all events regarding changes to your status since they are the petitionor for your H1b application.
The university might be in trouble for having mishandled your case.
Leaving the country before laying a strong foundation to your case might be dangerous. Talk with an attorney immediately and keep copies of all the papers that the '"bad girl" accidently handed you. :o:o

smuggymba
05-09-2011, 02:03 PM
HRPRO, thanks! I see some hope from your reply! Shall I leave US and apply the H-1B visa back? My original H-1B is supposed to be vaild from 11/02/2009 to 10/14/2012, I have been so far paid bi-weekily without any gap. The latest H-1B approval notice (without I-94) is vaild from 04/14/2011 to 10/14/2012. On the new notice, it says I am not authorized to work at this moment, however, I have been working continuously without any gap. Shall I stop working? But why the people around me still want me to continue my work and finish the NSF funded project? Even the immigration lawyers hired by University let me to continue to work. What is the problem with these guys?

They are preparing so call Motion to Re-Consider.:confused:

hire an attorney ASAP.

PrinceVA
05-09-2011, 02:27 PM
HRPRO, thanks! I see some hope from your reply! Shall I leave US and apply the H-1B visa back? My original H-1B is supposed to be vaild from 11/02/2009 to 10/14/2012, I have been so far paid bi-weekily without any gap. The latest H-1B approval notice (without I-94) is vaild from 04/14/2011 to 10/14/2012. On the new notice, it says I am not authorized to work at this moment, however, I have been working continuously without any gap. Shall I stop working? But why the people around me still want me to continue my work and finish the NSF funded project? Even the immigration lawyers hired by University let me to continue to work. What is the problem with these guys?

They are preparing so call Motion to Re-Consider.:confused:

MTR is another option and we have gone through that for my very close relative.
I can give you a name of lawyer firm and particular person who worked on our case. As it is clear that it it not your mistake, MTR will surely recognize and will cover that period.
Again, this is long and frustating process. I am not discouraging you here buddy, but be ready for long sleepless nights. I am sure your case will get approval.

For the first time we applied for MTR, USCIS just rejected in a single day. We filed again and got the approval. There are few cases with MTR and successful with that attorney.

PM me if you need further information.

lifestrikes
05-09-2011, 02:39 PM
hire an attorney ASAP.

Hire an attorney + consider legal action against your university. Cost of hiring the attorney can be covered if bad girl was found responsible and university will have to pay for your expenses.

uncentainty
05-09-2011, 07:51 PM
This is really a good and helpful forum for immigration issues. Thanks!

If I take risk and travel to Canada to have the H-1B visa interview with the VO, Is the 3-year bar automatic even beyond VO's control? How can the VO know I am OOS for 9 months if I can present him/her my previous H-1B approval notice valid from 11/02/2009 to 10/14/2012 and all the original pay stubs. Will he/she give me 3-year bar?:confused: Is it too rediculous that so big a mess and suffering and damages to both my family and school could be caused by a short false statement without supporting evidence?! I though US officials only make decision based on evidences, especially after having punished former Iraq president with evidences not related to WMD. Why do the USCIS officer so freely and irresponsible when cancelling a H-1B visa of a powerless foreigner without verifying the reason and without even bothering to make sure this foreigner is notified about the cancellation? Is a foreigner really inferior? This part of H-1B regulation has to be improved! An employer should not be allowed to cancel a H-1B visa without due cause. A H-1B visa shouldn't be revoked by a simple sentence without supporting documents!:mad:

smuggymba
05-09-2011, 09:18 PM
This is really a good and helpful forum for immigration issues. Thanks!

If I take risk and travel to Canada to have the H-1B visa interview with the VO, Is the 3-year bar automatic even beyond VO's control? How can the VO know I am OOS for 9 months if I can present him/her my previous H-1B approval notice valid from 11/02/2009 to 10/14/2012 and all the original pay stubs. Will he/she give me 3-year bar?:confused: Is it too rediculous that so big a mess and suffering and damages to both my family and school could be caused by a short false statement without supporting evidence?! I though US officials only make decision based on evidences, especially after having punished former Iraq president with evidences not related to WMD. Why do the USCIS officer so freely and irresponsible when cancelling a H-1B visa of a powerless foreigner without verifying the reason and without even bothering to make sure this foreigner is notified about the cancellation? Is a foreigner really inferior? This part of H-1B regulation has to be improved! An employer should not be allowed to cancel a H-1B visa without due cause. A H-1B visa shouldn't be revoked by a simple sentence without supporting documents!:mad:

Don't leave USA unless you have an attorney and an MTR with USCIS already filed. Don't do anything on your own. Spend 2-3K and it will be well worth it in the end.

indigo10
05-09-2011, 09:58 PM
This is really a good and helpful forum for immigration issues. Thanks!

If I take risk and travel to Canada to have the H-1B visa interview with the VO, Is the 3-year bar automatic even beyond VO's control? How can the VO know I am OOS for 9 months if I can present him/her my previous H-1B approval notice valid from 11/02/2009 to 10/14/2012 and all the original pay stubs. Will he/she give me 3-year bar?:confused: Is it too rediculous that so big a mess and suffering and damages to both my family and school could be caused by a short false statement without supporting evidence?! I though US officials only make decision based on evidences, especially after having punished former Iraq president with evidences not related to WMD. Why do the USCIS officer so freely and irresponsible when cancelling a H-1B visa of a powerless foreigner without verifying the reason and without even bothering to make sure this foreigner is notified about the cancellation? Is a foreigner really inferior? This part of H-1B regulation has to be improved! An employer should not be allowed to cancel a H-1B visa without due cause. A H-1B visa shouldn't be revoked by a simple sentence without supporting documents!:mad:

I think you can file a W-4 and provide the pay stubs that you hold as evidences that they are paying you but did a mistake in cancellation. These are just my 2 cents, may be a wrong advice.

But. I recommend consulting a good attorney.

uncentainty
05-09-2011, 10:22 PM
Don't leave USA unless you have an attorney and an MTR with USCIS already filed. Don't do anything on your own. Spend 2-3K and it will be well worth it in the end.

Which lawyer is really good?! Current an immigration law firm is hired by University to handle the MTR. However, 19 days have passed, the MTR has still not yet been submitted. However, my new employer has file a H-1B transfer for me on last friday using PP! I am sure I will loss the new job:mad:

Which lawyer is experienced on this 3 year bar issue and legal status reinstatement?! Thanks!

monkey
10-29-2012, 08:48 PM
Hi Uncertainty,
can you please provide me some update on your case ? Did you get visa stamped?
i am in similar kind of situation as you were in, cancelled my visa by mistake by my employer and did found out later and reapplied my petition again.

When going for stamping, in DS160 did you have to mention about you been out of status ?

your response will be greatly appreciated.
thanks again.