H1B Transfer COS F-1

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Fullspan

Registered Users (C)
I have H1B sponsored by a consulting firm A. It has been 2 months, I did a last project with them and now they don't have any project for me so no pay stubs.

Mean time, I applied at several companies and two big companies are interested in me but that is only in the interview process. Let's say, they will take another month.

Now 3 months... no pay stubs but I'm still employed by that consulting firm A.

In case I don't get hired, I can join the university on f1 where I am already a full time student.

Would that 3 months with no pay stubs effect on H1 transfer or COS to F-1?

thanks
Thanks
 
You must be paid at all times in order to be in status.

How are you a full time student and a full time employee? Could this be why you do not have a project?
 
Fullspan said:
Would that 3 months with no pay stubs effect on H1 transfer or COS to F-1?
Click to expand...
Possibly. COS requires you to maintain the status. If CIS considers you were not maintaining status, they approve your F1, but deny COS. You have to travel, get F1 stamp and reenter.
 
I was full time student even I was on h1b.

My consulting firm A says that they can write me a letter of employment for the sake of transfer to other company. USCIS just needs to know if I was employed by that company. Pay stubs are just a way to know If i was employed by them. "having no pay stubs does not mean , I am out of status"
That's what they said.

They can not make me pay stubs because they don't know how to do when there was no project for me. (Gora Company). If you guys know how to do that, I can tell them and they will do it. Just wanna know, How.

thanks for quick replies.
 
H1 must be paid all the time regardless of that you have projects or not. Without being paid, you are not considered employed in USCIS's book and it is the status violation of H1.
Your employer is just making convenient excuse, but as a sponsor of H1, they have obligation to pay the salary to you no matter what. That is what sponsor means.

there are a lot of people whose transfer got denied because CIS considered they are not paid, i.e. violating H1 status. CIS approves H1 without I-94. THe same could happen to COS to F1.
 
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Thats misfortune...
what is my fault, if they don't have any project for me? Why am I out of status? Anybody could be laid of.
Anyway... How can I get back to the status?
thanks
 
That's why consulting company is a problem, since no project means on the bench.

To get back onto track, you need to get a job which pays you prevailing wage.
 
That's right. But that company is still deciding to hire and it may take more time.
What is the easy way to get back in status. by COS to F-1 or to transfer H1b to another company?
thanks
 
Either of those options work. But for transfer, CIS most likely asks pay stubs. Not sure for COS to F1, but concept is the same as transfer so that they may ask pay stubs too. If you can't provide pay stubs, your approval comes without I-94.
 
you know GotPR?
Its kind a sad. I completed my project on 22nd of Feb,2008 and left the country on 12th march,2008 to Canada because my semester session was ended 2nd march,2008. Got H1B stamp and got back on 15th March,2008. very quick. US consulate did not ask me to show them Pay stub though instead they ask me to show the photocopy of petition that was filed for me by company. Luckily i had it.

When I came back. I did not have any project so I started looking job.

Now, I got one company that might be interested but not sure. going back to F-1 might be solution. But you know, I worked hard and at the end I got nothing. :(

Give me some suggestions ... I am getting disappointed.
 
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