On H1B without payslip

[aquaregia]

Hi,

I am currently in the US on H1B visa and have payslips till 17 Dec 2012. Due to family reason, I moved to X City and will be on bench from 18 Dec 2012 as my company is not having any project in the X city. (My husband is also on H1B visa and is based in X City). I am looking for a new job and have appeared for couple of interviews and waiting for result.

Considering the above scenario, how long can I stay in the US without payslip? Will any gap in the payslip create problem in my H1 Transfer?

In case I need to change my status from H1 to H4, how much period do I have from the day I become Out of Status?

Please advise. Thanks in advance.

Regards,

[rahul412]

Considering the above scenario, how long can I stay in the US without payslip? Will any gap in the payslip create problem in my H1 Transfer?

In case I need to change my status from H1 to H4, how much period do I have from the day I become Out of Status?

Zero days. You need to get paid every month, whatever the salary was mentioned on LCA.

[JoeF]

On H1, you need to get paid ALL THE TIME, even on bench. That's the law.

If you don't get paid, you are out of status immediately.

[t75]

You should move to H4 until you get a job

[cooldude76]

Immed you should have moved to H4. Did your husband's employer filed for a new LCA and H1 ammendment as he has now moved to a new city and maybe a new project.

[aquaregia]

Thank you all for your replies.

Can I go on long unpaid leave while still remaining a valid H1B Status? My employer is ok with me being on long unpaid leave.

Thanks in advance.

Regards,

[rahul412]

Thank you all for your replies.

Can I go on long unpaid leave while still remaining a valid H1B Status? My employer is ok with me being on long unpaid leave.

Thanks in advance.

Regards,

There is nothing called UNPAID leave. On H1, you need to get paid every month, there should be very strong and genuine reason for not getting paid on H1.

I think its time to change your employer if you are not getting paid.

[aquaregia]

Hello All,

I am once again request your guidance/advice.

I submitted application for change of status from H1 to H4 on 10 Jan 2013 and also received confirmation receipt from USCIS. The status of the application on USCIS website as of 20 Feb is shown as “Request For Evidence”.

I want to withdraw my application now as I have been allocated to a project by my employer and I want to continue on my H1B visa. My employer has submitted application for new LCA (H1 Amendment) to USCIS on 20 Feb 2013.

Considering the above facts, please advise me on the steps to be taken on my front. I am planning to send a letter to USCIS requesting withdrawal of H1 to H4 status change application.

Thanks in advance!

[JoeF]

Thank you all for your replies.

Can I go on long unpaid leave while still remaining a valid H1B Status?

No.

You need to get paid or change status.

[JoeF]

Hello All,

I am once again request your guidance/advice.

I submitted application for change of status from H1 to H4 on 10 Jan 2013 and also received confirmation receipt from USCIS. The status of the application on USCIS website as of 20 Feb is shown as “Request For Evidence”.

I want to withdraw my application now as I have been allocated to a project by my employer and I want to continue on my H1B visa. My employer has submitted application for new LCA (H1 Amendment) to USCIS on 20 Feb 2013.

Considering the above facts, please advise me on the steps to be taken on my front. I am planning to send a letter to USCIS requesting withdrawal of H1 to H4 status change application.

Thanks in advance!

You can send a letter asking for withdrawal of the COS application. USCIS may or may not act on that...

[aquaregia]

Thanks for the reply.

I have couple of question:

1. How will I come to know whether the Change of Status withdrawal letter is considered and the Change of Status application is no longer under consideration. Does USCIS update it on their website under the Case Status or send any mail communication?

2. How long it takes to complete the withdrawal (Change of Status)?

3. Do I need to reply to the RFE as I am planning to withdraw the Change of Status application?

Thanks.

[manas.dutta]

There is nothing called UNPAID leave. On H1, you need to get paid every month, there should be very strong and genuine reason for not getting paid on H1.

I think its time to change your employer if you are not getting paid.

@rahul412: Is there any way out of this thing. Can a medical ground be a genuine option ?

 

There is nothing called UNPAID leave. On H1, you need to get paid every month, there should be very strong and genuine reason for not getting paid on H1.

I think its time to change your employer if you are not getting paid.

[rahul412]

@rahul412: Is there any way out of this thing. Can a medical ground be a genuine option ?

Medical ground?? Do you have proof for that??

Remember, never lie to USCIS. If you get caught, then you have to forget US FOREVER.

[jairichi]

@rahul412: Is there any way out of this thing. Can a medical ground be a genuine option ?

If it is indeed a true reason and you have relevant documents to back it up then it should be fine.