H1B legality issue - pls reply urgent

N

nirukab

Registered Users (C)
Guys,

got a funny scenario.

I came on an H1B thru a company A in march 05. ran into problems related with data entry by immigration at the port of entry and took about 3 months to get my SS #.

after i got my ss# in may 05, a company B put an appln for h1B transfer to ins and i started working fro company B.company B had told me at time of joining that since u do not have paystubs u will have to go back and get the h1B restamped in our name. pls note i did not have pay stubs from company A(never worked for them since no ss #). INS then came back asking fro paystubs in jul 05 .company B said they do not have paystubs. am waiting to hear back from ins at this point wrt this. in teh meantime my contract with teh client was terminated since they moved teh project to another state and company B asked me for a leave without pay letter till i find another contract. i gave them that letter. . now wat i want to know is for the period since jul 05 whne i gave them that letter wats my status in thsi country. was it legal. is my H1B still valid. or did it go invalid right whne the client terminated my services .

A quick reply will be much appreciated.
 
forvisas said:
You have maximum 6 mo o legall stay in US you have to find a new employer or to change to a B2 visa or another type of visa, you can go to www.usimmigrationforall.
Click to expand...


Which immigration law says you can stay 6 months with no legal status.?
Show any site link with domin name end up with .gov

H1 with no pay stub also considered as out of status .
 
@@@ Great Guru is correct .
Even a single day without pay on *H1B*is out of status ..

great guru said:
Which immigration law says you can stay 6 months with no legal status.?
Show any site link with domin name end up with .gov

H1 with no pay stub also considered as out of status .
Click to expand...
 
Your status is legal as long as you have a valid H-1 approval. Looks to me that you do not have a valid H-1B from company B. If your petition is approved with I-94 then you are in valid status. If your petition is not approved or you did not get your I-94 then you will be in trouble. If you accumulate more than 6 months of illegal stay then you are bared from entering US for 3 years.

Worry about getting your H-1B approved rather than worrying about being in out of status for not being paid. You can coverup out of status issues in the future but, being in illegal status with no H-1 Approval will create serious problems in the future.

nirukab said:
Guys,

got a funny scenario.

I came on an H1B thru a company A in march 05. ran into problems related with data entry by immigration at the port of entry and took about 3 months to get my SS #.

after i got my ss# in may 05, a company B put an appln for h1B transfer to ins and i started working fro company B.company B had told me at time of joining that since u do not have paystubs u will have to go back and get the h1B restamped in our name. pls note i did not have pay stubs from company A(never worked for them since no ss #). INS then came back asking fro paystubs in jul 05 .company B said they do not have paystubs. am waiting to hear back from ins at this point wrt this. in teh meantime my contract with teh client was terminated since they moved teh project to another state and company B asked me for a leave without pay letter till i find another contract. i gave them that letter. . now wat i want to know is for the period since jul 05 whne i gave them that letter wats my status in thsi country. was it legal. is my H1B still valid. or did it go invalid right whne the client terminated my services .

A quick reply will be much appreciated.
Click to expand...
 
GC_DJ is pronouncing you can stay without pay stub if you have only H1 papers.

Any takers.!!!!

If Any body do not like their employers can quit and sit at home for ever if you have just H1 approval? Is this not a great news.!!!
GC_DJ said:
Your status is legal as long as you have a valid H-1 approval. Looks to me that you do not have a valid H-1B from company B. If your petition is approved with I-94 then you are in valid status. If your petition is not approved or you did not get your I-94 then you will be in trouble. If you accumulate more than 6 months of illegal stay then you are bared from entering US for 3 years.

Worry about getting your H-1B approved rather than worrying about being in out of status for not being paid. You can coverup out of status issues in the future but, being in illegal status with no H-1 Approval will create serious problems in the future.
Click to expand...
 
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