No payroll for a period of 2 months on H1B

[vkboorla]

Dear Friends,

 

My current employer filed H1B transfer petition on Feb 25, 2013.

 

From Feb 25, 2013 to April 31, 2013, my employer did not ran pay checks as I was not on a project. However, from May 1, 2013 to till date, I have the paychecks.

 

Questions:

 

1. Would this cause any problem for my GC process which I am planning to start next year?

2. Any other issues without having 2 months of payroll on H1B?

 

 

 

Thanks,

[rahul412]

1. Would this cause any problem for my GC process which I am planning to start next year?

2. Any other issues without having 2 months of payroll on H1B?

 

No payroll=out of status.

On H1 you need to get paid every month. No doubt this will create issues.

 

Only option, file a complaint against that employer for not paying you when you were on bench.

[jairichi]

Dear Friends,

 

My current employer filed H1B transfer petition on Feb 25, 2013.

 

From Feb 25, 2013 to April 31, 2013, my employer did not ran pay checks as I was not on a project. However, from May 1, 2013 to till date, I have the paychecks.

 

Questions:

 

1. Would this cause any problem for my GC process which I am planning to start next year?

2. Any other issues without having 2 months of payroll on H1B?

 

 

 

Thanks,

(1) Yes, it will as you were out of status for 2 months

 

File a complaint with DOL against your employer and you might be safe based on that.

[JoeF]

Dear Friends,

 

My current employer filed H1B transfer petition on Feb 25, 2013.

 

From Feb 25, 2013 to April 31, 2013, my employer did not ran pay checks as I was not on a project.

That's not an excuse. The employer needs to pay you ALL THE TIME, even if you are on bench without a project.

[vkboorla]

Thank you for your response. If my employer agrees to run back dated paychecks for those couple of months.

Will I be on safer side?

[nr2006]

 

1. Would this cause any problem for my GC process which I am planning to start next year?

2. Any other issues without having 2 months of payroll on H1B?

 

 

 

Thanks,

I wouldn't worry much..as long you have your w2 which shows the income which is > than your prevailing wage

[omshiv]

Ofcourse it will have a problem..file a complaint against that fraud employer...he needs to pay you while you are on H1B...lets make a pledge to send these fraud shady so called sucker employers back to where they came from.

[rahul412]

Thank you for your response. If my employer agrees to run back dated paychecks for those couple of months.

Will I be on safer side?

Not sure whether it's possible to do so. But I think that's not possible as it would change the outcome.

[rahul412]

I wouldn't worry much..as long you have your w2 which shows the income which is > than your prevailing wage

On H1, you need to get paid every month. It doesn't matter whether the w2 salary is more or less than prevailing wages.

[JoeF]

I wouldn't worry much..as long you have your w2 which shows the income which is > than your prevailing wage

Wrong. On H1, a person needs to get paid all the time, and the person has to be able to show that it was the case.

[vkboorla]

Thank you for all your responses.

 

1. One of my friend told that I could take a approved leave for those couple of months to be on safer side. Can this solve the problem?

2. Dose any employer has ability to run back dated pay checks? If so, my employer has to run this month or may be next month...both March and April pay checks.

[omshiv]

seems like a shady friend..you need to make better friends who would give you the correct advice.

[rohang]

Thank you for all your responses.

 

1. One of my friend told that I could take a approved leave for those couple of months to be on safer side. Can this solve the problem?

2. Dose any employer has ability to run back dated pay checks? If so, my employer has to run this month or may be next month...both March and April pay checks.

1) Leave will not help, as you were working and you were in US.

2) Back date payroll might work, but not sure if payroll system will allow that.

[JoeF]

Thank you for all your responses.

 

1. One of my friend told that I could take a approved leave for those couple of months to be on safer side. Can this solve the problem?

2. Dose any employer has ability to run back dated pay checks? If so, my employer has to run this month or may be next month...both March and April pay checks.

A leave is nowadays not a possibility, because of massive abuse by employers forcing people to take a leave when they are on bench.

You ABSOLUTELY need to get paid. Period.

[rahul412]

Thank you for all your responses.

 

1. One of my friend told that I could take a approved leave for those couple of months to be on safer side. Can this solve the problem?

2. Dose any employer has ability to run back dated pay checks? If so, my employer has to run this month or may be next month...both March and April pay checks.

Nope, that doesn't work. Dude, your employer breached the immigration rules and now you are trying to cover him. If you want to have good career, file a complaint against that employer and find real employer. This will create issues at ANY time.