snayani8541 Posted September 18, 2014 Report Share Posted September 18, 2014 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. Link to comment
jairichi Posted September 19, 2014 Report Share Posted September 19, 2014 You are out of status. If you are not paid then file a complaint against employer with DOL. Link to comment
itsmeusa Posted September 19, 2014 Report Share Posted September 19, 2014 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
omshiv Posted September 19, 2014 Report Share Posted September 19, 2014 There is nothing called H1 on hold. Employer is cheating you and messing with your Visa status in the US. Complain to the DOL that he's not paying you. Why do you even join such companies. Link to comment
rahul412 Posted September 19, 2014 Report Share Posted September 19, 2014 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
JoeF Posted September 19, 2014 Report Share Posted September 19, 2014 On H1, you have to get paid ALL THE TIME, even on bench without a project. The employer knows that. You are out of status. File a complaint with DOL on form WH4, and find a better employer. Link to comment
wiweq Posted September 19, 2014 Report Share Posted September 19, 2014 "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
snayani8541 Posted September 19, 2014 Author Report Share Posted September 19, 2014 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. Link to comment
snayani8541 Posted September 19, 2014 Author Report Share Posted September 19, 2014 Thank you all for the prompt reply. I was considering the option to take a break from work so asked the question. My employer is not a fraud :) He pays me right on time. Link to comment
JoeF Posted September 20, 2014 Report Share Posted September 20, 2014 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
rahul412 Posted September 20, 2014 Report Share Posted September 20, 2014 Thank you all for the prompt reply. I was considering the option to take a break from work so asked the question. My employer is not a fraud :) He pays me right on time. Then why did you said in the earlier post that "no payroll since 4 months"?? Link to comment
omshiv Posted September 20, 2014 Report Share Posted September 20, 2014 "Not on payroll since last 4 months" What does that mean?? Link to comment
wiweq Posted September 22, 2014 Report Share Posted September 22, 2014 "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
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