New H1B (H4 to H1)

[usatourist]

Hi,

My wife got her H1 B approved last week, however, she has not yet started working (yet to get a project)

I know that on H1 we should always be getting paid, however since she has not yet got the project, she is not getting paid ( I know its typical Desi consulting)

I have the following question

1) Since its already Oct end, if she doesn't get paid, what will happen to her this year W2 (Since when she visits India for stamping, I am sure the VO will ask W2.

2) What are the alternatives, can she say that she was on leave without pay?

Really not sure, how will this affect. Please let me know.

Thanks

[rahul412]

Hi,

My wife got her H1 B approved last week, however, she has not yet started working (yet to get a project)

I know that on H1 we should always be getting paid, however since she has not yet got the project, she is not getting paid ( I know its typical Desi consulting)

I have the following question

1) Since its already Oct end, if she doesn't get paid, what will happen to her this year W2 (Since when she visits India for stamping, I am sure the VO will ask W2.

2) What are the alternatives, can she say that she was on leave without pay?

Really not sure, how will this affect. Please let me know.

Thanks

Find a real employer, this is the only option she got.I don't understand why are you still willing to work for that fraud company.

She is already in trouble for not getting paid on H1 and visa will be rejected stating that "employer doesn't have enough revenue to pay the employee"

[pontevecchio]

She needs to change back to H4 and stop consorting with such people. She needs to report for work and ask to be paid and if not change to H4 status.

[JoeF]

Hi,

My wife got her H1 B approved last week, however, she has not yet started working (yet to get a project)

I know that on H1 we should always be getting paid, however since she has not yet got the project, she is not getting paid ( I know its typical Desi consulting)

She needs to get paid, period.

If the employer doesn't want to pay her, she should file a complaint with DOL on form WH4.

And she should find a better employer.

2) What are the alternatives, can she say that she was on leave without pay?

Such a fake leave is illegal.

It is because of abuse like this that it has gotten harder and harder to get an H1 visa.

She needs to get paid. Period. End of story!

[usatourist]

Thanks everyone.

The employer gave a USCIS link which states this.

Q : Must an H-1B alien be working at all times?

As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.

- And he says, she is in status and not to worry.

I am confused. Please throw some light.

Thanks

[rahul412]

Q : Must an H-1B alien be working at all times?

As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.

- And he says, she is in status and not to worry.

I am confused. Please throw some light.

That's right, but does any one of the above reasons is applicable to your wife. Is she sick? or on vacation? or on strike? or maternity leave?

We didn't said she is out of status.We said her employer is not following the rules, and hence she needs to find another employer

[pontevecchio]

The problem is none of those conditions apply to her. "Yet to get a project "is prima facie fraud. Is it so difficult to demand a salary by reporting for work? Money at any cost? Right.. Please do the right thing.