H1B employment issue

S

samimmigration

New Member
Hi,

I was on F1 OPT one month before. My consultantcy company applied for my H1B and it got approved in mid of February. Previously they thought they might have a job for me, but since one month I am looking for a project. Hence with this employer I don't have any paychecks now - basically I am on bentch period. What if another company wants to hire me on H1B? As I heard that I can't transfer H1 without atleast 3 months of paystubs..is it true? Is there any law about how much time we can be on bench period (with H1B but without project)? I am without pay since my H1 got approved - almost one month. For how long I can stay ligally without project? Will I have to work for my current employer now, atleast for the first project or I can switch employer and transfer H1 without any problem since I don't have paystubs.

Help appreciated,

Thanks,
SK
 
Originally posted by samimmigration
Hi,

I was on F1 OPT one month before. My consultantcy company applied for my H1B and it got approved in mid of February. Previously they thought they might have a job for me, but since one month I am looking for a project. Hence with this employer I don't have any paychecks now - basically I am on bentch period. What if another company wants to hire me on H1B? As I heard that I can't transfer H1 without atleast 3 months of paystubs..is it true? Is there any law about how much time we can be on bench period (with H1B but without project)? I am without pay since my H1 got approved - almost one month. For how long I can stay ligally without project? Will I have to work for my current employer now, atleast for the first project or I can switch employer and transfer H1 without any problem since I don't have paystubs.

Help appreciated,

Thanks,
SK
Click to expand...


If you converted from another status to H-1 from within USA, you should be deemed in status for 60 days after approval even if there is no pay stub. If you came from outside USA on H-1, the period is 30 days from the date you entered. After the 30-60 days period, you must have paystubs for the time you worked.

Even here CIS could raise issues but this is how I read the law.

PS I will delete all non-quota questions. Please do not ask them here.
 
Thanks for the reply

Thanks for your reply in this matter. I know this topic is posted in the wrong forum, but unfortunately I did not get any response when I posted a similar question in the General forum.

I am in a similar situation as the original person who posted the question, but I was on my previous employer's H1 visa for only about 20 days when I received the receipt of transfer petition for H1 from USCIS. I am going with Premium processing although my new employer said it wasnt necessary to do it, because I also dont have any paystubs to prove that I worked (20 days) for the previous employer. So I dont want to wait for a long period and then (in the worst case) not get approval.

But I had a few questions with respect to your above reply -

(1). When a person changes status from F1 to H1 within US (which is true in my case), doesnt he lose all the privileges that come with the F1 status, including the 60 day grace period that is available after the expiration of the valid F1 status?

(2). Why do people (I've read it on lot of websites / forums including this forum) say that there is no grace period on H1 visa?
If what you said above was applicable in our case, is it only because we have only had less than 60 days on a new H1 visa?
 
Re: Thanks for the reply

Originally posted by vishsh
Thanks for your reply in this matter. I know this topic is posted in the wrong forum, but unfortunately I did not get any response when I posted a similar question in the General forum.

I am in a similar situation as the original person who posted the question, but I was on my previous employer's H1 visa for only about 20 days when I received the receipt of transfer petition for H1 from USCIS. I am going with Premium processing although my new employer said it wasnt necessary to do it, because I also dont have any paystubs to prove that I worked (20 days) for the previous employer. So I dont want to wait for a long period and then (in the worst case) not get approval.

But I had a few questions with respect to your above reply -

(1). When a person changes status from F1 to H1 within US (which is true in my case), doesnt he lose all the privileges that come with the F1 status, including the 60 day grace period that is available after the expiration of the valid F1 status?

+++++++++++++++++++Upon change of status, they do lose the privileges.

(2). Why do people (I've read it on lot of websites / forums including this forum) say that there is no grace period on H1 visa?
If what you said above was applicable in our case, is it only because we have only had less than 60 days on a new H1 visa?

++++++++++++++++There is no grace period at the back end of an H-1. There USED TO BE about 6-7 years back. No more. At the front end, there is no grace period really. Just an accomodation for the employer. That can work to the employee's benefit.
Click to expand...
 
Hi, After I work for 4 months in a project, now I'm without a project for 1 month. My sponsor's manager told me that they don't have a new one for me and they told me that I can transfer my H1B to another company. My question is: How long can I stay legal in the USA without a project/pay stub? My last pay stub is dated of 20 days. Thanks for your help.
 
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