Is there anything like placing "H1 on hold" ?


snayani8541

Recommended Posts

You are considered on H1b status only when you are getting paid continually after entering US on H1b visa. In your case, you would be considered out of status for last 4 months since your entry in US. And there is no such thing called placing H1b on hold. With no pay stubs, don't even think about H1b transfer. It will be easy catch for USCIS that you were out of status.

Link to comment

Hi everyone,

 

If I am currently on H1 status but not on payroll since 4 months after my re-entry into the country, is there a possibility to place my H1 on hold ? What effect will that have on my H1 extension ?

 

Please guide.

There is nothing called "H1 on hold". You are out of status, file a complaint against that FRAUD employer, if not you can't get H1 in future.

Link to comment

"If I am currently on H1 status but not on payroll since 4 months after my re-entry into the country"

 

=> In order to get your missing salary you need to file WH4 form your state's DOL site. Not paying H1bs is against the law. H1b beneficiaries have to get paid through all pay cycles, no matter you are productive or not.

You have to report this employer to ensure USCIS that you are aware of H1b rights/ regulations and not partnering in crime.

This is your money, get it. If you don't want this, give it to me. 

Link to comment

Thank you all for the replies. My employer is paying me. I was just curious if anything like that even existed if I ever wanted to take a break from work. 

 

Hmm, you said you are not on payroll. I quote from your post: "but not on payroll since 4 months".

What now???

 

If you want to take a break and stay in the US, you would have to change to another status, e.g., B2.

Link to comment

"If I am currently on H1 status but not on payroll since 4 months after my re-entry into the country"

 

=> This makes sure that you are associated with a FRAUD employer. Change your employer before its too late. You don't report, consider you are partner in crime!

Link to comment

Archived

This topic is now archived and is closed to further replies.