H1-B Out of Status

5 posts in this topic

Here is my situation:-

I am on H1 B and working on hourly rate with my employer, my current contract is going to finish with Client A on Sep 15,2016 and i don't have any other client in hand after Sep 15. My current I-94 is going to expire on Nov 22, 2016.

1. Will i be out of status if i don't have any work after Sept 15, as i am on hourly contract , my employer will not pay me.
2. Can i change my status from H1-B to H4 as my husband is on H1-B and withdraw H4 in case i get new project in some time.
3. If i can apply for H4 then when should i apply for H4(on my project end date or earlier than).

Please suggest me what options i have.

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On H1, you have to get paid all the time, even on bench without a project. That's the law, and the employer knows it. Hourly contract does not matter. You still need to get paid for 40 hours/week, even if you work less.

20 CFR 655.731.

If the employer doesn't want to pay you, file a complaint with DOL on form WH4. And you should find a better employer.

If the employer lays you off, you can file a COS to H4. If you want to work again, the employer would have to file and pay for a COS to H1.

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Since I mentioned 20 CFR 655.731, here is the link and relevant text:

"(7) Wage obligation(s) for H-1B nonimmigrant in nonproductive status—(i) Circumstances where wages must be paid. If the H-1B nonimmigrant is not performing work and is in a nonproductive status due to a decision by the employer (e.g., because of lack of assigned work), lack of a permit or license, or any other reason except as specified in paragraph ©(7)(ii) of this section, the employer is required to pay the salaried employee the full pro-rata amount due, or to pay the hourly-wage employee for a full-time week (40 hours or such other number of hours as the employer can demonstrate to be full-time employment for hourly employees, or the full amount of the weekly salary for salaried employees) at the required wage for the occupation listed on the LCA."

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Hi JoeF,


I am currently under payroll of Employer-A. My Employer-B is initiated the regular  H1B transfer from Employer-A . Currently my employer-B filled LCA and he  will send H1B supporting documents to USCIS in next week. 


Unfortunately I got to know yesterday my Employer-A is merged with Employer-C((Diff new Company) on successor-in-interest. So from next month(Sep-2016)  on wards my paychecks will be running under   Employer-C.


My questions are..


1. Do I need to tell about Merging to Employer-B now?


2. Is that any effect on my H1B transfer to Employer-B?

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