out of status

[newbie03]

Hello Team,

I came to U.S on H1 on 1st week of this month.I was given some dollars from the company that sent me here by cash for covering my travel expenses etc.Applied for SSN and got it by 16th. Asked the hr dept to run my payroll,they replied saying that bcos they gave me the cash in india they would not give me extra money for the entire month.However they did run some paystubs for documenatation purpose.Now they are saying that i will have to travel back to india for stamping to travel to some other country on project.I found a job here and applying for H1 transfer.Submitted all the documentation and employer will apply in 10 days time.But after going through the forums i realize that i have been out of status for a month as i have the dummy paystubs.Is it going to be a problem for H1 transfer?

[Oneamongyou]

File WH-4 with Labor department against your Employer..nowadays Labor dept is after these type of companies who bring the employees from India on H1 and does not pay them from the start, the receipt that you receive from labor dept should let you take the transfer to the new Employer.

[JoeF]

You didn't "find a job." You already have a job, with the company that hired you.

It is the task of your employer to find you a project.

Even without a project, they have to pay you.

And the salary has to be for real. That's the law.

If the employer doesn't want to pay you according to the law, you should file a complaint with the Department of Labor using form WH4 (search the Net.)

The DOL will make the employer pay you.

[wiweq]

"However they did run some paystubs for documenatation purpose"

=> This fraud is called Money Laundering, one of the biggest financial terrorism in USA. If you caught maximum sentence is 14 years in prison. Ignorance is not bliss.

Off course you were out of status. USCIS and ICE are aggressively hunting the people involved in these illegal activities. If you want a career in your USA, read and learn about H1b laws, stay away from fraud employers and complain to ICE, DOL. You fail to complain, you will be considered as the partner in crime. ATB.

[nineballs]

There is nothing like dummy paystubs. I hope your paytsubs says something like "Salary - $XX.xx", "Advance Paid - $YY.yy". "Amount credit to Bank $00.00".

Its ok to have zero dollars in the paystub as long as it shows that the money was paid to you by some other means (like paid cash earlier) and you worked for the full 40 hours every week.

I too got advance from my company and I was paid "my salary - advance deduction" for the first 4 months. Never had any problems with visa transfers. best of luck.

[BigJoe5]

When USCIS determines that you are out of status, they will deny change of status but may still grant the classification for the new employer. Such split decisions are common. You will have to go abroad for visa processing. Unlawful presence does not kick-in until you reach 180 days out of status. That said, if there is any delay, don't overstay too long so that it bars reentry.