H1B out-of status: extent of law

[arrvee]

Hi Everyone
I was not paid by my employer for the first 3 months of my H1B start date. I was not working so I was not paid. I changed from an F1 visa to H1B.

My question is "does that make me out-of-status" for those 3 months in the light of the following FAQ taken from USCIS website?

http://uscis.gov/graphics/howdoi/h1b.htm#change

QUESTION: Must an H-1B alien be working at all times?

As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.


Note "otherwise inactive" - what does the legal definition of "otherwise inactive" mean? Basically, when does an H1B worker goes out of status besides getting fired.

Thanks for your answers.

 

[great guru]

Hi Everyone
I was not paid by my employer for the first 3 months of my H1B start date. I was not working so I was not paid. I changed from an F1 visa to H1B.

My question is "does that make me out-of-status" for those 3 months in the light of the following FAQ taken from USCIS website?

http://uscis.gov/graphics/howdoi/h1b.htm#change

QUESTION: Must an H-1B alien be working at all times?

As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.


Note "otherwise inactive" - what does the legal definition of "otherwise inactive" mean? Basically, when does an H1B worker goes out of status besides getting fired.

Thanks for your answers.

If you do not have pay check for reasonable time. Your case more than a month. Otherwise you have to prove you are physicall unfit to work while you are in USA.
Do you beleive, employer / employee relationship can be maintained without a salary?

 

[arrvee]

HI!
Thanks for your reply great guru.

You are right. Its not sensible to assume that employer/employee relationship was existing. My concern is that, is there any way I can show I was maintaining status. MY OPT period had just started when I got my H1 approval. I did not get paid for 3 months. Can I show that since I wasnt getting paid, I wasnt on H1 (althought it was approved) but on OPT and that way I wasnt out of status.

Sorry I am just worried about it too much.

Thanks for your reply.

 

[great guru]

HI!
Thanks for your reply great guru.

You are right. Its not sensible to assume that employer/employee relationship was existing. My concern is that, is there any way I can show I was maintaining status. MY OPT period had just started when I got my H1 approval. I did not get paid for 3 months. Can I show that since I wasnt getting paid, I wasnt on H1 (althought it was approved) but on OPT and that way I wasnt out of status.

Sorry I am just worried about it too much.

Thanks for your reply.

You are no more with OPT status once H1 is approved. However, your new sponser lawyer can take your case to INS and inform that you did not join the company because of no job. But you have to do it (H! Transfer) very fast before 4th/5th/6th months starts.