zuberi Posted September 4, 2012 Report Share Posted September 4, 2012 I was on H1b for a couple of years, but my company hasn't been able to pay my salary for a while. Ever since then I've been out of status. I now realize that I should have changed my status to B1/B2 immediately but I wasn't informed and didn't manage to do so. Now I am searching for a new job in the U.S., and it turns out that I can't transfer my H1b even if I find a job because I can't show my last couple of months' pay stub. I can't even change my status to B1/B2 now since I've been out of status for several months and it's too late for that. Luckily this was not reported to USCIS so I'm not officially "unemployed". I was advised to leave and re-enter U.S. if I want to get out of this situation. I am aware that it is possible to leave and re-enter once I have a job offer. However, what if the job I'm interviewing for requires that I do an on-site interview? How can I re-enter before getting a job offer? In the same vein, can I leave--for example to Canada or Mexico (or in the worst case my own country)--and immediately re-enter as B1/B2 (I already have a multiple visit b1/b2 visa valid until 2018) and continue searching for a job? The type of jobs I'm searching for (silicon valley tech startups) mostly prefer to have an on-site interview. Link to comment
JoeF Posted September 5, 2012 Report Share Posted September 5, 2012 You should file a complaint with DOL on form WH4. The DOL will make the employer pay you. A pending WH4 also allows you to transfer the H1. Link to comment
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