without paychecks for 1 year


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Hello guys,

I have this strange never heard situation. After my masters in 2009 I filed my H1b petition with XXX employer and it was approved in 2010 Aug. I could not find a job, neither my employer supported me to find one. I was without running pay checks for over 10 months and after that I have transferred my H1 to a different employer. I got a job immediatley and was on payroll entire last year. Now I got a full time offer and succesfully transferred to a major american company and working FT with them for the past 2 months. I am planning to go for stamping in june 2013. I do not much hope but can anyone suggest if I will get my visa stamped ?

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You have a strange definition of "employer" that "could not find a job". Working for an employer is working on a job, and getting paid. I guess you meant a consulting contract not a "job". Regardless, an employer not paying for even 1 day is completely against the law, and because you were party to this fraud (even though you were the 'victim') you may well find that you are denied when you go for your visa stamping.

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Hey Wrangler,

Everything should be fine for your stamping because you are a FTE. But the only issue will occur if VO asks you to produce all W2's from the starting of your H1-B.

No that's not true. If you are a FTE it doesn't mean that you will get your VISA. In order to get VISA you need have a clean immigration record.

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  • 1 month later...

Hi Newbie,

Have you attended for visa interview? Whts the result ?

I am in the same boat but i filed a DOL complaint & have acknoledgement. DOL could not do much as the company was closed by then. I am planning to go for VISA stamping in INDIA. Please suggest.

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