Valid H1B but no job.

[NonImmigrant2]

Hi,

I came to US on H4 visa. A renowned company has applied for my H1B visa in Apr 2012 and it got approved in Aug 2012 with effective from Oct 1st 2012.

On Oct 1st week they told me that they have a recruitment freeze and that they might not be in a position to take me on their payrolls now. However, I am yet to get an official communication from them. They also confirmed that my H1B visa is not revoked. [This company can never even run my fake payroll where i can pay them the taxes]

1. How long is it legal to stay on valid H1B visa and without a payroll ? I have been actively searching for a new job.

2. As the company has not officially told me about my job, is the company legally obliged to pay me my salary (for these 8 days or next few days before i get my official communication)?

3. If i choose to get my visa revoked and go back to India. Is the company responsible for paying my flight charges?

4. If my Visa gets revoked. Does it mean I will have to apply it all over again?

your response will be much appreciated.

Thanks.

[JoeF]

On Oct 1st week they told me that they have a recruitment freeze and that they might not be in a position to take me on their payrolls now. However, I am yet to get an official communication from them. They also confirmed that my H1B visa is not revoked. [This company can never even run my fake payroll where i can pay them the taxes]

Huh?

NEVER NEVER NEVER even think about fake payroll. That's a felony and could get you banned from the US for life!

1. How long is it legal to stay on valid H1B visa and without a payroll ?

Zero minutes.

On H1, you ALWAYS have to get paid. And paid for real! That's the law!

[shandan]

1. How long is it legal to stay on valid H1B visa and without a payroll ? I have been actively searching for a new job.

• What happened to your H4, did they apply H1 as COS ? If they didn't then your H4 still stands and you are legal until you go and get your H1 stamp you will be on H4.
  

2. As the company has not officially told me about my job, is the company legally obliged to pay me my salary (for these 8 days or next few days before i get my official communication)?

• Again since they have not hired you yet, you are not there employee, so no pay. So practically your H1 hasn't started yet.
  

3. If i choose to get my visa revoked and go back to India. Is the company responsible for paying my flight charges?

• I am not sure about this, since your employment hasn't started with them, you cannot get fired/terminated in which case the company would have paid for your travel back to your home country.
  

4. If my Visa gets revoked. Does it mean I will have to apply it all over again?

• Yes, you would have to apply again, unless you can get it transfered, but even in that case you can apply right away as you have already been counted in the cap, so you can file cap exempt.
  

[t75]

If you qualify, go back to H4.

You should be reporting to work if you have no official communication terminating your employ. If you have concerns about your rights as an employee, take all of your contracts and communications to an employment law specialist for review.

[rakesh200081]

I am working for company A. i have approved H1B with company B starting oct 1. I am working for comany B. oct 15, i got some family critical issue. Due to that I need to go back India? Can I apply transfer H1B transfer from B to C Comapny from India. and get the visa stamping with company C from india before depature? what document is needed?

[Sai2213]

I came to USA on H4 and my H4 was converted to H1B by my employer. He sent me the job offer letter and I 797. But I dont have any projects since I came here, nor my employer is paying me. 

I have a good 8 years of experience in my technology and I had resigned from a good job in India just for the sake of being able to work in USA and stay with my wife (who's already here on H1B working).

My employer says that he doesnt have any client or project and he cant pay me.

I am not sure what I should be doing at this point.

Please suggest.

Is my H1B even valid now?

What can I say to my employer in order to get paid? It has been 10 months since my H1B was activated.

[jairichi]

I came to USA on H4 and my H4 was converted to H1B by my employer. He sent me the job offer letter and I 797. But I dont have any projects since I came here, nor my employer is paying me. 

I have a good 8 years of experience in my technology and I had resigned from a good job in India just for the sake of being able to work in USA and stay with my wife (who's already here on H1B working).

My employer says that he doesnt have any client or project and he cant pay me.

I am not sure what I should be doing at this point.

Please suggest.

Is my H1B even valid now?

What can I say to my employer in order to get paid? It has been 10 months since my H1B was activated.

You need to do a simple thing as you are out of status now. You need to be paid on H1B whether project is available or not. File a complaint against employer with DOL. Based on that you can move to a new employer after they file a H1B petition and get all your salary dues from your current employer.

[JoeF]

The employer is required to pay you, even on bench without a project. And the employer knows that.

File a complaint with DOL on form WH4. The DOL will make the employer pay you.

[rahul412]

I came to USA on H4 and my H4 was converted to H1B by my employer. He sent me the job offer letter and I 797. But I dont have any projects since I came here, nor my employer is paying me. 

I have a good 8 years of experience in my technology and I had resigned from a good job in India just for the sake of being able to work in USA and stay with my wife (who's already here on H1B working).

My employer says that he doesnt have any client or project and he cant pay me.

I am not sure what I should be doing at this point.

Please suggest.

Is my H1B even valid now?

What can I say to my employer in order to get paid? It has been 10 months since my H1B was activated.

You are currently out of status for not getting paid. On H1 you need to get paid every month, that's LAW.

If you are really looking for a good suggestion, then file a complaint against that FRAUD employer for not paying you the salary, that's the ONLY option you have. If not you can't get H1 in future and you will be on H4 forever.

 

BTW, how did that employer filed your H1 without a job? Who paid for the H1 processing??

[GhanshyamIndia]

HI, 
I got selected in lottery in 2014-15 fiscal year. And they provided me all original document in Jan 2015. I got VISA stamping in February 2015. And In august 2015 my employer gave me a green signal to come USA. 

 I have faced same problem as like you.landing here in AUG 2015 , and still not working.Now I am planning to go back my home country. 

I never reported to work as Employer said don't come to office, don't have any pay stubs, but have all my H1B papers , I97 and Employment offer from that consultant. I have decided to leave back to my home country but not before reporting this blood sucker to USCIS. 

But,I have all E-mail records about communication with my employer after I came here. 

I want to surrender my self and became witness. 

I need to clarify a few things before i nail these blood suckers 

1. How long before i board my flight back home , should i send the documents to USCIS 

2. I have the originals of H1B filing and LCA and I94, are they required in originals 
or copy to send to USCIS. 

3. What other documents should i send along with? 

4. Do you think my case will get weaker if i am not here ? As i am flying back to my home country. 

5. I don't want these suckers to go scott free, so how to build my case here , can i ask the USCIS to recover my wages for 3 months i wasn't getting paid. 


I do not care if i get any wages or not from them , but i really wanna see the locks on the gates of this company. They shouldn't take H1B and its applicant for scapegoats. 

Any advice are welcome to help me bring these guys to justice. 

Somebody has to start complain against this type of fraud Employer, otherwise many people stuck.

[rahul412]

You can file a complaint against this FRAUD employer, check the DOL website.

http://www.dol.gov/wecanhelp/h1bworkers.htm

 

But why do you think that your employer is a blood sucker? Did he took money from you?

[jairichi]

1. You can send anytime but a complaint had to be filed with an year with DOL.

2. Look for WH4 form in DOL website.

3. Refer 2.

4. No.

5. Filing a complaint with DOL will get your salary dues.

 

Talk to a good attorney.

[GhanshyamIndia]

Yes, I have already paid 6000$ + air ticket by myself.They collected money as a cash in my home country.I have no proof for the same.

 

 

 

---1--Please give me a best advise ,Should I survive for job(Without salary) or go back to my home country?

 

--2-- Is it possible or allowed to handle WH4 process or complaint From my home country? 

 

Thanks in advance.

[jairichi]

Yes, I have already paid 6000$ + air ticket by myself.They collected money as a cash in my home country.I have no proof for the same.

 

 

 

---1--Please give me a best advise ,Should I survive for job(Without salary) or go back to my home country?

 

--2-- Is it possible or allowed to handle WH4 process or complaint From my home country? 

 

Thanks in advance.

1. Do not stay without a salary. File a complaint with DOL.

2. Yes.

[JoeF]

Geez. Why would you give money to somebody without any kind of receipt??? Do you always throw money out of the window?

 

File a WH4 for your salary. Geez, why are you waiting?

[rahul412]

Yes, I have already paid 6000$ + air ticket by myself.They collected money as a cash in my home country.I have no proof for the same.

Have you ever ever gave a thought and asked yourself when you should pay money to get visa? Sometimes I feel like people like you deserve this( sorry to say this).

 

File a complaint against that FRAUD employer.