Employment letter

[1234056]

Dear Madam/Sir,

Please give me your valuable advice on my case as stated below.

I finished my M.S. in Dec '03 and was pursuing Ph.D after that, but I did a Change of status from F-1 to H1-B in Oct 2007 with Company A.

My first contract with the client started in Mar 2008.

I didn't get paid for the period for the months from Oct '07 till Feb '08.

Second term of my H-1B started in Sep 2010 through Company A.

Transferred my H-1B from Company A to Company B in Sep 2011.

Also, I didn't leave the country and re-enter since Jul '04.

Planning to start my GC process with Company B.

My ex-Employer (Company A) gave me an experience letter without a start date but only with an end date of Sep 2011. And asked me to support the start date by using the H-1B approval document.

When I asked to put the start date in the letter he said

1)

he can put the START DATE of OCT '07 "if and only if" I give him a letter stating that "I am taking specialized training (from Oct '07 till Feb '08) and don't consider me for any job openings".

or else

2)

he will provide the letter with the START DATE of MAR '08; since he started paying me from that month.

He also said that it will be an issue for me and not for him since it been more than 2 years.

I have continuous pay stubs from Mar '08 to till date.

What is the correct procedure to follow in these circumstances.

Will this be an issue during my GC process.

Thank you for your time and consideration. Your reply will be of great help.

[JoeF]

The start date is the H1 approval date.

Oh, and you had to get paid all the time on H1. Why didn't you insist on getting paid then? Why did you wait for years to ask questions about this?

You were out of status during the time you didn't get paid. That can result in problems for the GC.

The bottom line: on H1, you have to get paid all the time, even on bench. That's the law.

[cowboys26]

Dear Madam/Sir,

Please give me your valuable advice on my case as stated below.

I finished my M.S. in Dec '03 and was pursuing Ph.D after that, but I did a Change of status from F-1 to H1-B in Oct 2007 with Company A.

My first contract with the client started in Mar 2008.

I didn't get paid for the period for the months from Oct '07 till Feb '08.

Second term of my H-1B started in Sep 2010 through Company A.

Transferred my H-1B from Company A to Company B in Sep 2011.

Also, I didn't leave the country and re-enter since Jul '04.

Planning to start my GC process with Company B.

My ex-Employer (Company A) gave me an experience letter without a start date but only with an end date of Sep 2011. And asked me to support the start date by using the H-1B approval document.

When I asked to put the start date in the letter he said

1)

he can put the START DATE of OCT '07 "if and only if" I give him a letter stating that "I am taking specialized training (from Oct '07 till Feb '08) and don't consider me for any job openings".

or else

2)

he will provide the letter with the START DATE of MAR '08; since he started paying me from that month.

He also said that it will be an issue for me and not for him since it been more than 2 years.

I have continuous pay stubs from Mar '08 to till date.

What is the correct procedure to follow in these circumstances.

Will this be an issue during my GC process.

Thank you for your time and consideration. Your reply will be of great help.

Generally minor out of status issues can be pardoned during GC using 245 (k) if the out of status period is less than six months.But you will have some explanation to do since you havent left the country.