H1 pay stub query.. JIm, Martha Pls help

S

sniyer

Registered Users (C)
Here goes the details

Worked with Company A on H1: Laid off Dec 14th. Company agrees to give vacation without pay till Jan 31st and pay me on Feb 14, Feb 28 and March 15th. ( Severence of one month pay split into three parts)..

Filed for transfer through Company B: Jan 4th, 2001 using Dec 14 pay stub. Company B is a friend\'s company and they would help me with paystubs if i get another offer.

I got another offer in company C. I have got the feb 14th paystub . But company A goofed up the pay stub. instead of paying severence split by three.. paid me severence split by six. mistake on the pay roll dept.

Can i still use the feb 14th paystub which is working out to be very less. to transfer my h1 to the new company C? i am planning to file for transfer only in feb end. ( so i will actually have feb 14th and feb 28th pay stubs)

what are the feasible ways to get out of this problem?

any inputs would be greatly appreciated
 
You really have a problem here since technically the severance pay does not keep you in status

I\'d just submit the petition with all documentation as is and handle the RFE if one comes. If it is truly severance pay you will not remain in status based on that.

Jim

James D. Mills
(formerly Jim M)
Attorney at Law
jdmills@justice.com
732-644-5702
 
H1 status/transfer ; Similar situation, looking for answers

Employer put my relative on unpaid vacation till 1st April, but agreed to pay for 7 days in each of the pay periods Feb1-15, Feb16-28 and for one paid vacation day for pay periods March1-15,March16-30. Most probably employer will lay him off and take back the H1 by 1st April.
1. Do you(sniyer, jim or anyone) see any H1 visa status problems here.

2. Do you forsee any problems in getting H1 transferred with above mentioned paystubs (he is planning to attach paystubs dated 1Jan-15Mar).

3. How late can he wait to get H1 transferred (assuming he is laid off), for the following scenarios ?
   -> Employer takes back H1 by 1st April.
   -> Employer doesn\'t bother to take back H1.

4. Can my relative continue be on unpaid vacation with similar arrangement of paystubs (getting paid for one paid vacation day every 15 days), without any H1 status and H1 transfer problems.

Thanks.
 
Someone please help - I am also in similar situation

I am also in a same kind of sitaution - My employer instead of laying me off - has agreed to put me on leave of absence uptil Ist of April - He is going to pay me last two paystubs (actually pertaining to February) - during the month of March dated march 1-15 and March 16-31 and show February as month that I will be on leave.

Will i be alright doing this - is htere any risk involved - if so what is it? And also will I still be in status and eligible for h1b transfer if I found another job?

Please Jim, Jaxen, Martha - need your advice - you are the experts.
 
Someone please help - I am also in similar situation

agupt,

lets hope someone will advice us. I am trying to get these questions answered through other sources. Be in touch.
 
You can take a leave of absence without pay, but

If INS really conducted an investigation you would be in trouble. Most likely, if INS had questions, they\'d just ask you via an RFE. Of course if every employee does this when they get terminated it doesn\'t take a rocket scientist to figure out the situation. I don\'t know whether I\'d go as far as calling this illegal but it certainly seems a bit questionable. You can probably pull it off without problems.

Jim

James D. Mills
Attorney at Law
jdmills@justice.com
732-644-5702
 
Thanks for the response Jim

I still have one more question - what if after 2 months of leave of absence the company\'s situation improves and it starts paying normal salary - so will that 2 months gap effect my case - if later on I decide to join new company and go for H1b transfer - I know that the paystubs reflect cumulative salary earned during the year - is INS going to notice it?

Please help me to resolve the issue
 
Probably ok

It seems that the violation there (if any) is a benching rule violation by the employer. I\'d take that position in any event but that does not necessarily mean that INS will agree.

Jim

James D. Mills
Attorney at Law
jdmills@justice.com
732-644-5702
 
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