H1B Payrolls

[Ashwini52]

Hi,

I hold H1B visa which is valid from Oct 2019 through Aug 2022. Due to the current situation, I lost the project in April 2020. I did get different projects but couldn't process through the joining due to client issues. My employer has generated pay stubs for the month of April(16th), May(15th), after that next pay roll is run on July 1st and he will be running the payroll on Sept 15th again.  I do have offer now and that starts in the month of October. My pay stub looks something like this:

15th Jan 2020

16th Feb 2020

15th March 2020

16th April 2020

15th May 2020

1st July 2020

15th September 2020(next pay stub)

Questions:

1) Is my visa valid?

2) Since there is gap in generating payrolls, will that be a issue?

3) Am I out of status?

4) should I leave USA immediately?

5) My husband has valid H1B visa. Should I immediately act on converting to H4 visa. 

6) Have I used my grace period?

7) can I now apply for H4? [ Within how many days should I apply?]

Please help me with answers and suggestions

[Zodiac System]

What is the "pay period" mentioned in the paystubs?  Are there "any gaps" in the pay period mentioned by the employer?  I feel the gaps between the pay period mentioned on the paycheck should not be more than 60 days, then you are good.

Lets see what other experts advise.

[JoeF]

18 minutes ago, Zodiac System said:

What is the "pay period" mentioned in the paystubs?  Are there "any gaps" in the pay period mentioned by the employer?  I feel the gaps between the pay period mentioned on the paycheck should not be more than 60 days, then you are good.

Lets see what other experts advise.

The laws state that pay must be regularly, no less than monthly.

If a person doesn't get paid regularly at the required intervals the person is out of status.

The person should file a complaint with DOL on form WH4, and find a better employer.

Edited September 1, 2020 by JoeF

[Ashwini52]

Yes, there is a gap between May 15 to July 1st (around 45 days) and From July 1st to Sept 15(This will be more than 60 days)

[Zodiac System]

It will help if your current employer can run a paycheck on August 1st and then September 1st.  

Request your employer to not withdraw your H1b with him  till the transfer is complete.  He may have to run few more paychecks

I think you should consult an attorney.

[JoeF]

4 hours ago, Ashwini52 said:

Yes, there is a gap between May 15 to July 1st (around 45 days) and From July 1st to Sept 15(This will be more than 60 days)

The salary has to be paid regularly, no less than monthly. 20 CFR 655.731.

And, if the person gets paid hourly,  it has to be for fulltime, i.e., 40 hours, even if the person worked less hours. If the person is salaried, the pay has to be prorated based on the yearly salary (1/12 the yearly salary if paid monthly.)

If the salary doesn't get paid according to the rules the employee is out of status. In this case, the employee should file a complaint with DOL on form WH4 and find a new employer.

Edited September 2, 2020 by JoeF

[gopalakrishnach]

Yes, there is a gap between May 15 to July 1st (around 45 days) and From July 1st to Sept 15(This will be more than 60 days) -- I feel this will create problems...