Not using H1B Please advise


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Jack109   
Member since: Jul 04
Posts: 254
Location:

Post ID: #PID Posted on: 12-05-08 11:32:45

Hello,
I got my H1B stamped at the Toronto consulate on my Indian passport on Sept 2007.My H1B sticker is valid from Sep 2007 - Sep 2010 was sponsored by desi recruiter from MI. Mr Desi recruiter paid the H1 fee + attorney fee

I decided not to use my H1B and have not entered the US as yet.I have had no communication with my desi recruiter ever since the stamping.

How do I nullify the H1B that I am not using. Will the recruiter be notified by INS if I cancel my H1B at this time ?

I am expecting to go for my Canadian oath anytime as we speak.

I do not wish to have any hurdles if I decide to go in for a TN1 later with a different employer.


Thanks
Jack109



pratickm   
Member since: Feb 04
Posts: 2831
Location: Toronto

Post ID: #PID Posted on: 12-05-08 20:44:55

Quote:
Originally posted by Jack109
How do I nullify the H1B that I am not using.

No need to nullify.
Quote:
Will the recruiter be notified by INS if I cancel my H1B at this time ?
No
Quote:
I do not wish to have any hurdles if I decide to go in for a TN1 later with a different employer.
There shouldn't be any hurdles.
A potential employer got H-1B sponsored for you, you chose not to take that employment - end of story.
Unless you have signed a contract or whatever with the employer, you owe him nothing.
Even if you did [sign a contract] those are usually hard to enforce.
In any case, none of that would concern the DoS or "INS"


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tamilkuravan   
Member since: Jun 05
Posts: 5775
Location: God's own country

Post ID: #PID Posted on: 13-05-08 10:21:49

Pratick,
On a similar note, we went through the same process for a family member and we decided not to enter USA after H-1 B stamping.
A desi body shop sponsered us (after taking uS$1000) from us.
They called us 2 times after the stamping but we did not pick up the phone. They did not call after that.
My question is that : Did the H-1 B go waste or does the rules allow that the same H-1 B (that we declined) would go to another eligible person being sponsered by the same desi body shop agency?

Peace out


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I am a Gents and not a Ladies.


cdn_dude   
Member since: Dec 05
Posts: 942
Location:

Post ID: #PID Posted on: 13-05-08 10:54:29

Quote:
Originally posted by tamilkuravan

Pratick,
On a similar note, we went through the same process for a family member and we decided not to enter USA after H-1 B stamping.
A desi body shop sponsered us (after taking uS$1000) from us.
They called us 2 times after the stamping but we did not pick up the phone. They did not call after that.
My question is that : Did the H-1 B go waste or does the rules allow that the same H-1 B (that we declined) would go to another eligible person being sponsered by the same desi body shop agency?

Peace out



That H1B was yours. It was wasted since you did not use it.



noname   
Member since: Oct 04
Posts: 26
Location: -

Post ID: #PID Posted on: 13-05-08 10:58:02

The same desi shop cannot use it for any other person. Its gone for them.
As far as I know they notify the INS that employee is not joining and that approved labor is free.
I exactly have the same case as Jack109, because of a rigid one-sided contract I did not use my stamped H1 (also got that on Indian passport from Toronto).
Desi shop will be cancelling it now and I ended up paying them 1000$.



Jack109   
Member since: Jul 04
Posts: 254
Location:

Post ID: #PID Posted on: 14-05-08 07:55:12

Patrickm, No Name and Tamil kuruvan thanks.

My case is very similar to yours.I renewed my Indian passport in Toronto and waiting for my Canadian oath any time.

Noname, my contract said $8K if I do not join plus the H1 filing fee itself is $2500 plus attorney fees.

Thanks for clearing my doubts.



Jack109   
Member since: Jul 04
Posts: 254
Location:

Post ID: #PID Posted on: 14-05-08 08:03:23

Patrickm,
I think it would be a great idea to start a thread only outlining TN issues.

I am sure mostly all desi would fall in the same 5 - 10 categories. We could post information . What I am looking is for complete transcipt of the dialog that transpires between INS officer and the applicant.

I would be more than happy to assist you in your endeavours.

Thanks
Jack109



Contributors: Jack109(6) pratickm(3) cdn_dude(2) dimple2001(2) viggy(1) tamilkuravan(1) noname(1)



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