Posted by: Bennedict May 7, 2023
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H1BSeeker,
Some options I discussed above, but you did not answer.
- Can you resign intentionally on your own accord? Go back to school? H1B is not in existence, but you are still an employee under your employer, with payroll running as you said, it means you are still with them, right?
- Can you change the employer? Transfer the H1B, but you do not have any H1B now. This one may be non-existent now.
- Did you find out if you have any grace period to make the transition? To school or to another employer? Try to find this out with the lawyer. This is important thing to know, as we need time to make any kind of transition. Schools would not enroll you in one day itself, right? And currently it looks, going back to school is the only straw to save your status, unless you have some immediate US citizens in your family or some immediate H1B visa holders (spouse) who may add you as dependents.
USCIS as it says, it is prosecuting the perpetrators, so it is understandable, your employer, recruiter are absconding, but I am not totally sure if USCIS will send somebody to apprehend you. By getting them arrested yourself, I am not sure how it would benefit you in that case? Are they going to give your some money back (you paid for filing H1B) or are they going to write some letter on your behalf that you did not know what was going on behind and that you are innocent?
Calling USCIS and asking what to do in your case might be aimless. as USCIS will never entertain these kind of queries and besides people at USCIS talk like some AI generated chat bots. (This is my experience.) Highly impersonal and secretive, they would not help you. Like Ram Bhakta said, getting a good lawyer and then getting your information right are the way to go.
Especially be clear about how much time you got left to move ahead.
Last edited: 07-May-23 10:35 AM