H4 -H1 change of status

[HKM]

I got my change of status done from H4 to H1 more than 60 days back. I am informed that I should be on a payroll within 60 days of this change of status. But my employer has not been able to put me on a project and has not started my payroll. Am I in an illegal status after 60 days or do I have time till 180 days? Can I switch over to a new consultancy/permanent job without having 2-3 valid paystubs? If not, what should I do to avoid losing H1 status?

[Chitown01]

There is No 180 days rule......

You will be considered out of status when you file for h1 transfer to another company, because USCIS is surely going to ask you about paystubs and since you dont have one....you are out of status.....

There is nothing you can do, you are already out of stauts.... even if you file for H1-h4 they wont approve COS because paystubs are missing....

Contact immigration attorney asap

[pontevecchio]

You are now out of status. You should quickly try and find anothe H1 sponsor and leave and come back with the visa.

[JoeF]

I got my change of status done from H4 to H1 more than 60 days back. I am informed that I should be on a payroll within 60 days of this change of status. But my employer has not been able to put me on a project

Irrelevant. Your employer has to pay you, project or not. That's the law. And the employer knows it, since it is referenced on the LCA, right next to where he signed it.

In fact, the employer has to pay you from the time you make yourself available for work. That includes going to interviews, for example.

If your employer doesn't want to pay you, file a complaint with DOL on form WH4. The DOL will make the employer pay you.

[rrr2008]

Better change back to H4. Search for a full time job and apply for H1 again. Don't stay for longer time without being paid from the employer..you will be under risk.

[sen123]

I am also having similar issues. I got my h1b approved on dec 8th 2011 and the ssn from dec 30 2011. The employer couldnt find a job for me since then and he said there is time till 2 months from the date of my ssn arrival to receive paystubs.

Recently I got a FT offer and they are looking to transfer my h1b. They have requested my recent pay stubs. Can I proceed and let them know that I do not have pay stubs or can the H1b transfer still be approved without any pay stubs.

Please help me on the same.

Thanks.

[abhaydrolia]

Hi,

I am on H1b and my wife is also on H1B. He I94 was valid till Feb 14, 2012, and she has got her H1B extension filed on Feb 14, 2010 itself (not in premium processing). Now i want to change my job and she does not wants to work anymore. My future employer is not filing COS for my wife as her H1B has expired and extension is not yet approved. What are my options?

1. Can I file COS (H4) for her in my personal capacity and ask her to resign from current employer?

2. Ask her to wait in current job for 3 months and then when she receives the H1B extension approval then file for COS to H4.

3. Send her to India and then ask my future employer to file H4 for her in India and send her back to US.

Thanks,

Abhay

[JoeF]

I am also having similar issues. I got my h1b approved on dec 8th 2011 and the ssn from dec 30 2011. The employer couldnt find a job for me since then and he said there is time till 2 months from the date of my ssn arrival to receive paystubs.

Wrong. The 60 days is from the day the H1 starts.

Not having the SSN yet is not an excuse to not pay you. Modern payroll systems can handle things just fine for people who don't have their SSN yet.

Your employer needs to pay you. No but or if.

If your employer doesn't want to pay you, file a complaint with DOL on form WH4. The DOL will make the employer pay you. A pending WH4 also allows you to transfer.