Am I out of status?

D

Ding1000ma

Registered Users (C)
I did not receive pay for a period of 7 months,am I consider out of status?

If I say that I did not receive pay because of bad market condition will INS agree?
OR

If I say because of health I was on unpaid vacation will INS agree for it?
Thanks in advance,
 
Being out-of-status and accruing unlawful presence are two different things. You are out of status since you havent been paid per the underlying petition (you begin to accrue unlawful presence from the day your I-94 expires)

Regardless of what the reason is, the INS doesnt take very kindly to being out of status for that long a period (i.e. 7 months). If you are able to get a new job and apply for the H1B, then it may be necessary to go abroad to get back into lawful status. May want to consult with an attorney asap to see what your options are.
 
Right now I have job and legal but My wife got query when she went for H4 stamping(New) in India.
Asking her to submit all the paystubs and W2's of the spouse.7 months I was on bench with my previous employer.
How should I handle this situation?
 
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