No pay check for first 2months on H1B

[EnterUSA]

Here's my timeline:

Came to US in 2007 on H1B with Employer A.
Gone to India for H1b renewal in 2009 December ( for my wedding ).
Visa Rejected in 2010 March with 221g( Reason : my employer's improper documentation). My wife came back to US since she is on OPT at that time.
Applied H1B again in 2010 with same client and came to US in 2010 November.
But I got contract in January 2011,since November/December months being holiday season.
My Employer did not run pay check since I went on a road trip to NY. It;s kind of a unpaid vacation.
After 6 moths of working with him on a project at client location, I moved to Employer C on June 2011 ( Current Employer - Reputed US firm) as a full time employee and had 140 approved for 3 more years.

I'm planning to go for stamping. For sure I should not have any problem with my current employers documentation.

My question is: Is the answer "unpaid vacation" fine with the officer at the Consulate.

Thanks in advance.Please help me with your valuable advice's and thoughts.

[jairichi]

Here's my timeline:

Came to US in 2007 on H1B with Employer A.

Gone to India for H1b renewal in 2009 December ( for my wedding ).

Visa Rejected in 2010 March with 221g( Reason : my employer's improper documentation). My wife came back to US since she is on OPT at that time.

Applied H1B again in 2010 with same client and came to US in 2010 November.

But I got contract in January 2011,since November/December months being holiday season.

My Employer did not run pay check since I went on a road trip to NY. It;s kind of a unpaid vacation.

After 6 moths of working with him on a project at client location, I moved to Employer C on June 2011 ( Current Employer - Reputed US firm) as a full time employee and had 140 approved for 3 more years.

I'm planning to go for stamping. For sure I should not have any problem with my current employers documentation.

My question is: Is the answer "unpaid vacation" fine with the officer at the Consulate.

Thanks in advance.Please help me with your valuable advice's and thoughts.

Nope. Completely unacceptable for a VO. But, what to do? No option other than telling him the truth

[rahul412]

My Employer did not run pay check since I went on a road trip to NY. It;s kind of a unpaid vacation.

My question is: Is the answer "unpaid vacation" fine with the officer at the Consulate.

Their is nothing called 'unpaid vacation'. On H1 you need to get paid every month. You were out of status for not getting pai.

[catx]

My question is: Is the answer "unpaid vacation" fine with the officer at the Consulate.

 

There is no such thing as 'unpaid vacation' on a H-1B visa.  You are either working and getting paid or your are not working, unemployed, and out of status.  If you were employed and not getting paid, regardless of what you are doing, your employer is in violation of immigration laws.

 

There is only one correct answer -- the truth.  You were not paid by your employer during that period.

[EnterUSA]

There is no such thing as 'unpaid vacation' on a H-1B visa.  You are either working and getting paid or your are not working, unemployed, and out of status.  If you were employed and not getting paid, regardless of what you are doing, your employer is in violation of immigration laws.

 

There is only one correct answer -- the truth.  You were not paid by your employer during that period.

 

yes I was not paid by my previous Employer. Would this get affected by not getting Visa stamped with my current employer.

[jairichi]

yes I was not paid by my previous Employer. Would this get affected by not getting Visa stamped with my current employer.

Depends on VO. But, if asked tell the truth.

[JoeF]

Why in the world did you not ask about the legality of this when it happened???

It is possible to file a complaint with DOL up to one year after the violation. Why did you wait until now?

People have posted about the requirement to get paid all the time here and on other forums for years!

Now it will result in lots and lots of problems for you, because you were out of status.

[rahul412]

yes I was not paid by my previous Employer. Would this get affected by not getting Visa stamped with my current employer.

Not getting paid on H1=out of status.

 

You can avoid this trouble by filing a complaint against that employer. But its too late now.

BTW why didn't you asked this question at that time??why NOW??