H1B status without paystub?

D

DG_247

Registered Users (C)
Hi,

My friend got his H1 last year for 2007-2008 and came to US in DEC 2007, he works for IT company. However, since he has arrived he has not been placed on a project and so no pay stub has been generated. He has been on bench for 6 months.(technically without a job but has H1)
Is he out of status?
Can he show that he is on vacation till he gets a project?
Is there any other way?

Pls help.

Thanks!
 
he is in violation of H1 requirement. Unpaid vacation probably won't work for H1.

Find a new sponsor.
 
Hello,

I am currently on H4 and my H-1 is approved for this year. Is it ok to join employer after December 2008? Will it be violation of H-1 visa?

I have no full time experience and only experience I have is as student assistance in same field for 4 months (20hrs per week). I hold a Masters degree in Public Health. When is earliest possibility to file for PERM?
 
If your H-1 is approved and the start date is October 1, 2008 (assuming), then you should be employed from that date. Otherwise you violate H-1B status.

If you plan to start in December 2008, why not ask the employer to keep the start date accordingly in the petition?
 
employer is suppose to pay payroll taxes on time. so most employers discourage allowing leave etc. however, if you can show reasons, you can take leave for a month or two (if employer agrees).if the candidate is outside US, there is no requirement to start on October 1st. but remember this flexibility is limited
 
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