H1B - Not working

[avanram77]

Hi,

 

This is regarding a question on maintaining H1B status. I was working on L2 + EAD from March 2012 to August, 2012. My H1B was initiated by employer A in April 2012.  There was an RFE on the petition and later rejected in July 2012. I changed my status from L2 to F2 as my husband moved to F1 status in Aug 2012. We applied for motion to reopen in Sept 2012. The only status change we saw on motion to reopen was in March 2013 that USCIS has delivered some documents and the post office has returned it. We checked with the employer A and they said they did not get any documents. They were lazy enough and they lied that they checked with USCIS and there is no update on the case.

 

We checked with few people and were suggested to apply for H1B through another employer B despite the first one still in pending status. We did that in April 2013 through employer B. We received an RFE on this H1B two weeks ago which mentioned that the first H1B (initiated by employer A) was approved and asked how I have been maintaining the H1B visa status from Jan 31st,2013. It was shocking to know that the previous employer A did not know about this approval until we asked them. They checked with USCIS and I just got the approved H1B notice from employer A today which has the validity till Sept 2015. Emplyer A wants us to start my work immediately. But, my concern is that I have not been maintaining the active H1B status (no payrolls) from Jan 2013. To what I know, the maximum duration  to be without payrolls is 180 days. My employer A is not giving me any insights how that would work. 

 

March 2012 to August 2012 - I was working on L2 + EAD

August 2012 to till date - I was assuming I am on F2 . But apparently I am on H1B from Jan  31st, 2013 without any single paystub

 

Appreciate if you can help me with the next steps in this particular situation.

 

[jairichi]

 

Hi,

 

This is regarding a question on maintaining H1B status. I was working on L2 + EAD from March 2012 to August, 2012. My H1B was initiated by employer A in April 2012.  There was an RFE on the petition and later rejected in July 2012. I changed my status from L2 to F2 as my husband moved to F1 status in Aug 2012. We applied for motion to reopen in Sept 2012. The only status change we saw on motion to reopen was in March 2013 that USCIS has delivered some documents and the post office has returned it. We checked with the employer A and they said they did not get any documents. They were lazy enough and they lied that they checked with USCIS and there is no update on the case.

 

We checked with few people and were suggested to apply for H1B through another employer B despite the first one still in pending status. We did that in April 2013 through employer B. We received an RFE on this H1B two weeks ago which mentioned that the first H1B (initiated by employer A) was approved and asked how I have been maintaining the H1B visa status from Jan 31st,2013. It was shocking to know that the previous employer A did not know about this approval until we asked them. They checked with USCIS and I just got the approved H1B notice from employer A today which has the validity till Sept 2015. Emplyer A wants us to start my work immediately. But, my concern is that I have not been maintaining the active H1B status (no payrolls) from Jan 2013. To what I know, the maximum duration  to be without payrolls is 180 days. My employer A is not giving me any insights how that would work. 

 

March 2012 to August 2012 - I was working on L2 + EAD

August 2012 to till date - I was assuming I am on F2 . But apparently I am on H1B from Jan  31st, 2013 without any single paystub

 

Appreciate if you can help me with the next steps in this particular situation.

 

Well, sorry to hear about your case. One of the option you have is to consult with an independent attorney like murthy law firm. If you are still in that supposed to be H1B you are actually out of status. So do your attorney consultation asap. Do not join employer A as they have asked you to.

[rahul412]

 

 We received an RFE on this H1B two weeks ago which mentioned that the first H1B (initiated by employer A) was approved and asked how I have been maintaining the H1B visa status from Jan 31st,2013. It was shocking to know that the previous employer A did not know about this approval until we asked them. They checked with USCIS and I just got the approved H1B notice from employer A today which has the validity till Sept 2015. Emplyer A wants us to start my work immediately. But, my concern is that I have not been maintaining the active H1B status (no payrolls) from Jan 2013. To what I know, the maximum duration  to be without payrolls is 180 days. My employer A is not giving me any insights how that would work. 

So currently you are on H1 and your employer himself doesn't know about this. Now forget about Employer 'A'.

 

Talk to an attorney and find out how to get your employer B's H1 approved. And discuss this with B so that he won't withdraw your H1 petition.

[avanram77]

Thank you guys for the reply. I am so tensed now.  I have taken an appointment with Murthy's law firm attorney for 9/30 to discuss the same. 

 

I have few other questions. 

 

If employer A withdraws the current approved H1B while Employer B is tring to reply to RFE, what will be my status? Would I still be out of status or would I come under F2?

 

Would I be safe and would I still be maintaining my status on F2 irrespective of response to Employer B's H1B after replying to REF?

[rahul412]

 

Thank you guys for the reply. I am so tensed now.  I have taken an appointment with Murthy's law firm attorney for 9/30 to discuss the same. 

 

I have few other questions. 

 

If employer A withdraws the current approved H1B while Employer B is tring to reply to RFE, what will be my status? Would I still be out of status or would I come under F2?

 

Would I be safe and would I still be maintaining my status on F2 irrespective of response to Employer B's H1B after replying to REF?

 

I think you are safe since you were not aware of your H1 approval and more over employer didn't even mentioned anything about your H1, so I don't see any mistake done by you.

[jairichi]

I think you are safe since you were not aware of your H1 approval and more over employer didn't even mentioned anything about your H1, so I don't see any mistake done by you.

@rahul412: But, in this case how will OP prove to USCIS that he is not at fault?

[rahul412]

@rahul412: But, in this case how will OP prove to USCIS that he is not at fault?

OP was on F2 and COS was never filed. Moreover OP didn't even know that his H1 is approved and never worked for that employer. But an attorney can give a correct and meaningful statement.