H1 B - Out of Status - Plz Plz Help

[ph912]

Hi,

i was working on L2 EAD Visa ,i got my H1B approved in Nov 2011,i resigned from my previous job (with L2) in Dec 2011 as my L2 visa expired on dec 20th 2011.

i haven't started working with my current employer(H1) as i didn't get any projects.

I am i out of status now ,my employer says there will not be any problem .

What is my actual status now ? not working since Dec 2011 - March 2012

Please help .

[kalyan_ac]

If your employer is not paying you and if you are not a part of payroll, you are out of status.

[ph912]

Plz help me in this case.Urgent.

Will be grateful if anyone replies for it.

[kalyan_ac]

Talk to your employer and make him pay or consult an attorney.

Or if you think you or your employer cannot find a project for you switch to H4 or something.

[toashishmantri]

Plz help me in this case.Urgent.

Will be grateful if anyone replies for it.

No Payroll, NO pay-checks == OUT OF STATUS, if you really want to save your status, ask him to generate your pay-check and you should pay for TAXES and also for your monthly salary (which will come back to you after taxes). He will only do it for you if nothing is going from his pocket.

[JoeF]

No Payroll, NO pay-checks == OUT OF STATUS, if you really want to save your status, ask him to generate your pay-check and you should pay for TAXES and also for your monthly salary (which will come back to you after taxes).

That's really bad bad bad advice!!

Never do such a thing. It is illegal, and would only get you into more trouble.

The company absolutely has to pay you for real, with their money. And the company has to pay the appropriate taxes.

No exceptions.

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

[Attorney_22]

It is correct that if you are not working pursuant to the position described in the underlying H1B petition you are out of status. This is an issue that can have serious consequences depending on the specific circumstances of your situation. Therefore, you should correct this issue as soon as possible. If you would like to discuss your situation in more detail please consult a qualified U.S. immigration attorney. The Murthy Law Firm has a very well-regarded H1B Department with extensive experience who would be able to provide you with excellent assistance. Please feel free to call our office to schedule a consultation with one of our attorneys.

[ph912]

Thanks for all your replies.I am grateful to you.

if i transfer to H4 now and after a month i get a job can i transfer H1 to a different employer .

or it has to be the same employer who first filed my H1.

Thanks in advance

[toashishmantri]

That's really bad bad bad advice!!

Never do such a thing. It is illegal, and would only get you into more trouble.

The company absolutely has to pay you for real, with their money. And the company has to pay the appropriate taxes.

No exceptions.

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

I agree. Its not at-all a bad idea fighting with your consultant, after-all the worst thing he can do is terminate your H1B. Nothing more than that.

[kalyan_ac]

Thanks for all your replies.I am grateful to you.

if i transfer to H4 now and after a month i get a job can i transfer H1 to a different employer .

or it has to be the same employer who first filed my H1.

Thanks in advance

You can file for H1 with any employer not necessarily your current employer.

[naina1021]

yeah but once he terminates the H1, the person will be Out of Status right away and its a bad situation for any one because USCIS may not consider the new H1 petition for an OOS person. Please correct me if I am wrong.