H1_Conundrum Posted January 5, 2013 Report Posted January 5, 2013 Hi, I have confusion regarding my situation. I would appreciate if somebody can help. I came to US in 2012 Jan on H4 visa which was valid until Oct 2013. I applied for H1B and got it approved and it is valid from OCT 2012 to OCT 2015 as stated in my I-797. Since I am working as a consultant, my employer could not find me a job until November 2012 as such he didnot pay me for the month of Oct2012. My question is, Was I on H4 or on H1B for the month of Oct 2012? Since I was not paid in OCT, will it affect my immigration status? Should I ask my employer to pay me for October month too? Thanks for your suggestions in advance.
rahul412 Posted January 5, 2013 Report Posted January 5, 2013 Hi, I have confusion regarding my situation. I would appreciate if somebody can help. I came to US in 2012 Jan on H4 visa which was valid until Oct 2013. I applied for H1B and got it approved and it is valid from OCT 2012 to OCT 2015 as stated in my I-797. Since I am working as a consultant, my employer could not find me a job until November 2012 as such he didnot pay me for the month of Oct2012. My question is, Was I on H4 or on H1B for the month of Oct 2012? Since I was not paid in OCT, will it affect my immigration status? Should I ask my employer to pay me for October month too? Thanks for your suggestions in advance. On H1 you need to get paid every month.
pontevecchio Posted January 5, 2013 Report Posted January 5, 2013 One is allowed 60 days to report after the start date if one is already in the country. He definitely needs to start paying you from December,1. You still do not get it. Even on bench he needs top pay you.
t75 Posted January 6, 2013 Report Posted January 6, 2013 Your are his employee. THe fact that he did not find a client for you is his problem; file for back wages - and be prepared to find a new employer.
JoeF Posted January 6, 2013 Report Posted January 6, 2013 Was I on H4 or on H1B for the month of Oct 2012? No. You are on H1 from the start date of the H1 on. And you need to get paid while on H1, even if the employer doesn't have work for you. That's the law, and the employer knows it. If the employer doesn't want to pay you, file a complaint with DOL on form WH4. The DOL will make the employer pay you.
H1_Conundrum Posted January 12, 2013 Author Report Posted January 12, 2013 Thanks everyone for your replies! Really appreciate the help. I spoke with my employer and he continues to insist that one month unpaid salary is not a big deal as they have been doing this for other employees too. He is saying there wont be any immigration issues or concerns. I really do not want to drag this issue unless it creates immigration problems in future, like GC processing so on. Is it okay I just leave this issue now?
JoeF Posted January 12, 2013 Report Posted January 12, 2013 Thanks everyone for your replies! Really appreciate the help. I spoke with my employer and he continues to insist that one month unpaid salary is not a big deal as they have been doing this for other employees too. He is saying there wont be any immigration issues or concerns. I really do not want to drag this issue unless it creates immigration problems in future, like GC processing so on. Is it okay I just leave this issue now? It is likely to cause problems later on. File a complaint with DOL on form WH4. The DOL will make the employer pay you. And you should find another employer, one who follows the law.
t75 Posted January 12, 2013 Report Posted January 12, 2013 Did you actually report to his office on Oct 1 or were you sitting at home waiting for a call?
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