Gap In employment while on H1B (3 months)

[Gary1]

1) Joined company A in JAN to MAY'10( while on OPT) , company A filed H1B and got approved ( intented starting date Oct 1st) 

2) Joined company B in Jun to sep 30th'10 ( while on OPT)

3) Transfered my H1b to Company C on 30th sep '10

5) Company C received an RFE for H1b transfer, Eventually I received H1B approval valid from 30th dec'10  to 30th sep 2013.( however USCIS received the case on 30th sep 10, meaning I can starting working from that date itself) 

 

Now for these 3 months 1st oct to 30th Dec I was working with company C , like looking for project and all as C is a desi consulting company. They filed my LCA during that time but did not run payroll as I had no project but I though atlest they will give me a letter. My project started from Jan 11. 

 

 

6) Now they are saying that they will not provide any letter from 1st oct to 29th dec 08 but from the start date of H1B only . The supporting documents that  I have is LCA filed by company during that time starting oct 1st '10 and all previous letters issues by company and H1B extention, LCA and I-140 are from 1st oct.

 

 

How much company C is lible to provide me the letter from 1st oct '10 ? and if they do not, how much will this gap will put me in trouble ?

[JoeF]

Why in the world did you accept not getting paid???

You were out of status. This will of course result in problems for you, e.g., at visa stamping.

[JoeF]

Oh, and looking for a project is the company's task. The company had to pay you, even on bench. That's the LAW.

It is therefore in the best interest of the company to find a project for you.

Avoid all these shady consulting companies. On H1, you have to get paid ALL THE TIME.

[0407]

What was the start date requested by C? They have to pay you salary form the requested start date.

USCIS can not approve a petition from a date which is in past. So if petition is filed on Sep 11

with  requested start date of Oct 1, they have to pat salary starting Oct 1. 

[Jyothis]

I think you should get paid, not just the letter, from the day of your h1 start. I would recommend speaking to an attorney with details to see what your options are

[omshiv]

Rule no 1 - NEVER NEVER join a Desi consulting company. They'll ruin your life and status here. They do not care about their employees.

You were Out of Status. It will haunt you.

[pontevecchio]

Get hold of an Immigration Lawyer to go over the facts. Go by what he says is prudent. Basically C is at fault for not paying you.

[t75]

They were required to pay you even though you were not on a project. You were complicit in violating the rules for H1B and it is a little late to complain now but you can try filing with the DOL. Both of you are in trouble.

 

They do not have to provide you any letter. You should be able to prove employment with paystubs and W-2 tax form.  You were out of status which may hurt you on a GC filing.