H4 to H1 and start date


Sandytho

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Hi,

I came to us Sep 2014 on h4,applied for h1 through my old employer and got it approved along with change of status. Start date on h1b approval notice says Oct 1 2015.

The employer has not been able to find a suitable project and hence, unable to generate paystub for the month. They have asked me to send an email to them, asking if I cold join 6 to 8 weeks due to personal reasons. So that they get some time to postpone the start date and delay the paystub. They say they will find me a project before the 60 days expire.

Can I do that? Would sending the email, creating any problems for me? Will I have tax implications or will I be violating my status.

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The employer has to pay you, even if they don't have a project for you. That's the law, and the employer knows it.

A fake letter from you does not get them out of that requirement.

File a complaint with DOL on form WH4.

And find a better employer, one who follows the law.

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Oh, and have they asked for this fake email by phone or in an email?

Always have written records of any phone conversation with the employer. For phone conversations, write a summary email for your records, send it to the employer and ask them to correct any inaccuracies.

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They asked me on phone to send the email.there are no written records of it anywhere.

Then send them an email summarizing the phone conversation and asking them to correct any errors. Always have a written record.

They know that what they ask for is illegal, that's why they called instead of sending an email...

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