You sheeps still fell you are safe? So far no sheep is making noise on my case: employed by a US (top 50) university under H-1B since November 2009 till recent with nonstop biweekly paystubs paid by a NSF funding source. An university reported secret to USCIS on 08/02/2010 and request USCIS to cancel my H-1B visa immediately and got approval automatically based on the law.
Since 08/09/2010, I have been OOS without notice. The consequences are:
1. I am illegal now and still am requested to work and finish the NSF project (on which I refused today)
2. I will be banned to enter US for 3 years since I have been OOS more than 180 days.
3. There is no sign of punishment to employer (university).
4. There is no sign at all that the employer (university) will get punishment.
Why you sheeps under H-1B still don't make any noise? Your I-140 can be "accidentally" canceled too by a HR girl who later left company and you will never know and keep on waiting for I-485 filing day. Based on the immigration law 8 C.F.R. Sec. 214.2(h)(11), the approval of request for revocation of YOUR H-1B or YOUR I-140 is automatic upon the receipt of withdrawl by your employer.
8 C.F.R. Sec. 214.2(h)(11): "(ii) Immediate and automatic revocation . The approval of ANY petition is immediately and automatically revoked if the petitioner goes out of business, files a written withdrawal of the petition, or the Department of Labor revokes the labor certification upon which the petition is based."
Your I-140 is not safe! Your H-1B is not safe! As long as a letter with your company letterhead sent to USCIS saying "please cancel xxx's H1-B, I-140 immediately. She/he no long work here." your dreams will die without notice, no matter who sent out this letter.
Even I can send this request to cancel your I-140, (providing I have the letterhead), and your dreams will die and you can only notice it when you want to leave your employer.
The above is my case. I am struggling in getting legal services and without income!!!