H4 to H1 COS out of status

[Mahi@Mahesh]

I came to Us on a H4 visa in Jan 2013, applied for H1b Visa through Desi Consultancy and  got it by Oct .
I was under the assumption that H1b is valid from the day I start working because one of my friend had a same scenario where she had begun working 6 months after H4 to

H1 COS (apparently it turns out that she wasn't aware of it either).   In the meantime, my employer unfortunately has not been able to get me a single interview so

far.  Now I am jobless its been 3months 15 days not having job also play slips

I planned to change my employer around which I began checking in forums for the impacts of employer change and thats when I got to know that I am OUT OF STATUS now.
I immediately spoke to my employer what best could be done to deal with my status where in I was told the below:
 *for Nov and Dec month, I would have to give a leave letter
 *from JAN they could generate paystub.  For this paystub generation however, I have been asked to pay $1400 (per month) to cover all the taxes
They say, by doing this I could maintain status

I have been in touch with a few other consultancies who say they can handle transfer of my visa, but they are not telling me the procedure how they are going to

transfer without having pay stubs.

Please recomended the options that I have for this situation.

Kindly advise at the earliest possible.

[rahul412]

Please recomended the options that I have for this situation.

Kindly advise at the earliest possible.

File a complaint against your FRAUD employer for not paying you on H1.

On H1 you need to get paid every month and that LAW.

Asking money to run your pay roll is ILLEGAL and you will be banned if you get caught.

 

Only a complaint will help you out. And if don't do this then their is something wrong from your end.

[Mahi@Mahesh]

Thanks for the update .. i am worried about filing the complaint since I am unaware of the consequences later.   I am not sure whether the eventual legal verdict will be in my favor nor about the duration and cost it takes.   Also given that currently my Visa is out of status, am not sure whether the case that I file holds good.   Further since the employer (obviously) should be a resident, am not sure if the case will hold.  Further will this case filing have any impacts on my future employment prospects and any further Visa/GC processing.

From a few friends I understand that it is very difficult to fight legall case because you are supposed to spend lot of money on it and moreover we have come here on H1b (immigrants) so worried about future consequences.how feasible is it to approach legally?

[rahul412]

Thanks for the update .. i am worried about filing the complaint since I am unaware of the consequences later.   I am not sure whether the eventual legal verdict will be in my favor nor about the duration and cost it takes.   Also given that currently my Visa is out of status, am not sure whether the case that I file holds good.   Further since the employer (obviously) should be a resident, am not sure if the case will hold.  Further will this case filing have any impacts on my future employment prospects and any further Visa/GC processing.

From a few friends I understand that it is very difficult to fight legall case because you are supposed to spend lot of money on it and moreover we have come here on H1b (immigrants) so worried about future consequences.how feasible is it to approach legally?

You are file a complaint against an employer who committed FRAUD. So you will ALWAYS have a upper hand in this case.

If you won't do this then obviously your COS to ANY status will be rejected bcos of your current status. Only a complaint will help you out and it won't impact your future immigration applications.

 

All the points which you have mentioned in the above won't stand strong bcos he is one who broke the LAW by not paying you on H1.