on H1B(had a past out of status) working again,converting to H4

[checkmystatus]

Hi team members,

 

I had an approved h1b from Oct2012 -Sept 2015. I could not find a job until Sept 13 and I have been working since then.

My question is-

1) I know I have been out of status for 300+ days in the past. If now, I have to change my status (since I have the paystubs etc.) what would be my safest COS [being in US] - F1 /H4 or any other ?

 

2) Would I able to do any h1b extension coming 2015?

 

3) would I be able to do COS staying in US or I would have to go to India to do it?

 

Any genuine response would surely help me talk to any lawyers.

 

Thanks,

[rahul412]

1) I know I have been out of status for 300+ days in the past. If now, I have to change my status (since I have the paystubs etc.) what would be my safest COS [being in US] - F1 /H4 or any other ?

 

2) Would I able to do any h1b extension coming 2015?

 

3) would I be able to do COS staying in US or I would have to go to India to do it?

1. Nothing is safe when you were out of status.

2. You might expect RFE

3. For COS you need to be in US.

 

Your ONLY legal option is, file a complaint against your fraud employer for not paying you on H1. Can you do that??

[t75]

You had a job with your H1B sponsor; you not being actively working is not an excuse for not being paid. You can expect problems at some point in the future - exactly when is only speculation.\\File a complaint with the DOL IMMEDIATELY for back wages for your time on the bench. You should be looking for a new employer if you are now working for the one who did not pay you according to law.

[checkmystatus]

thank you guys for your response. Right now , am already on a job with my H1B employer and I believe I can stretch my current project to 2015(till my current visa validity date)

 

Would filing any complaint to DOL help me in smooth transition of my status in near future?  

 

I want to be safely switch to a status which am preferring is either F1 ( since I want to study here ) or H4 ( incase I do not get a right university). I am doing this so that I can move out of my H1 status and then plan to work after my studies or when we get GC from my spouse.

 

If I should be looking for a new employer that would mean H1B transfer..would there be no issues doing that?

 

Please share your ideas...it does help!

[rahul412]

 

Would filing any complaint to DOL help me in smooth transition of my status in near future? 

Yes, it will.

[checkmystatus]

do you think converting to F1 or H4 would cause issues with recent paystubs?

[rahul412]

do you think converting to F1 or H4 would cause issues with recent paystubs?

If you are on H1 and filing for COS then you NEED latest pay stubs for approval. Latest pay stub proves that you are currently in status.

[checkmystatus]

but earlier I was out of status for 11 months when I was not paid . so , would that be scrutinized -> RFE -> denial(of extension or conversion to h4) ? 

[hightech]

1) Don't worry you are in 100% status can apply for F1 or H4 will be approved.

2) Yes you can apply for extension and will be approved.

3) COS can apply while you are in USA.

 

In some cases if I-94 didn't attach the person has to cross the country for re-stamp again on passport

[checkmystatus]

thanks hightech for your response.

 

so are you saying that even though I had not worked for 11 odd months [ and was without paystubs ]and now that I am working, I am 100% in status and it would cause any issues for F1 or H4 or even H1 extension ?

[rahul412]

thanks hightech for your response.

 

so are you saying that even though I had not worked for 11 odd months [ and was without paystubs ]and now that I am working, I am 100% in status and it would cause any issues for F1 or H4 or even H1 extension ?

Only possible if you have filed complaint against that employer for not paying you on H1.

[checkmystatus]

am I not in a legal status currently since I am already working and my I94 is valid till 2015 ?

if thats correct would I still have issues if I want to change to h4 or f1?

[rahul412]

am I not in a legal status currently since I am already working and my I94 is valid till 2015 ?

if thats correct would I still have issues if I want to change to h4 or f1?

Currently you are in legal status, but earlier you were out of status and you know that. So why are you not filing a complaint against that employer for not paying you?? What you gonna say if USCIS issue RFE regarding your earlier status?

[checkmystatus]

Rahul - I am really not sure if just writing a complain would resolve all this..am not sure how my employer is going to handle or react to it [with their own lawyers ..] 

 

I wanted to have one last thing to ask you - if I could go to my home country and covert to h4 or l1 , would this cause any issue during the GC process in future ,  which I would be included in  the last stage of my spouse's GC process..

[JoeF]

am I not in a legal status currently since I am already working and my I94 is valid till 2015 ?

if thats correct would I still have issues if I want to change to h4 or f1?

Since you didn't get paid, you were out of status. Just getting paid now doesn't fix the out-of-status situation.

You need to file a complaint with DOL on form WH4.

[rahul412]

Rahul - I am really not sure if just writing a complain would resolve all this..am not sure how my employer is going to handle or react to it [with their own lawyers ..] 

It WILL resolve all the problems. According to law you have to do it, and since you know that you were out of status you will be in trouble for not filing a complaint bcos you know you H1 rules.

 

 I am asking you the same question, why are you not filing a complaint??