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Vike

Clarification on Lawful status - H1b

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Hello,

I am under H1b Visa with First extension and I94 approved until Jan 2020 with my previous employer. I have got it stamped in passport from India.

I got a new job offer and my new employer filed a h1b transfer on Month of Feb 2018 under normal processing. I started working for the employer under Receipt. The Transfer petition was denied on November 24th 2018 after RFE under Specialty Occupation category. I stopped working on Dec 3rd 2018, the day when my employer got the postal confitmation of the Denial.

With 60 days grace period still available, My employer filed the H1b Transfer again with new role for the same client and I started working to the same client from Dec 24th 2018, With Fedex delivery confirmation to USCIS.

During the period Dec 4th 2018 till Dec 23rd 2018, I was not working since my petition refiling process was going on. I was expecting my December paycheck to show only the days I have worked, However my employer has generated December paycheck for 168 hours which includes the days I have not worked. 

Could you please help me clarify if this causes any issues in my lawful status? And is there a way my employer can still go back and correct this legally?

Edited by Vike
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No employer will pay without providing the approved time sheet, so you worked from Dec 4th 2018 till Dec 23rd 2018.  USCIS look both payslips and letter from Employer HR manager on start/end date of employment.  

Also 60 days grace period started on Feb 2018 when you joined employer B, check with employer/attorney regarding this.

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You are in a long run for working  without authorization and Illegal stay. 

On 3/10/2019 at 1:58 PM, Vike said:

With 60 days grace period still available

This was not available to you, as expert above had suggested your 60 days started on Feb-2018

 

On 3/10/2019 at 1:58 PM, Vike said:

started working to the same client from Dec 24th 2018, With Fedex delivery confirmation to USCIS

when did FedEx started handing out work authorizations ?

This is so wrong.... receipt has to be from USCIS and even this does not apply to you since you had denial in past. you cant simply apply and start working on receipt ! !  you have to have an approval.

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