H1B Visa - URGENT

[hamy15]

Hi!

I am on bench on H1B for last two months without pay and I am trying to get an offer from another company. Will there be any problems with INS on paystubs ?? PELASE HELP !!!

 

[ginnu]

May be, because now BCIS has zero tolerance policy
request your employer to pay you, DOL and BCIS has no rule for BENCH or TABLE or CHAIR, ask him to generate the pay stubs and pay you, he is violating H1 law and DOL regulations/law for H1.

 

[mgh2001]

Without paystubs, most likely BCIS will approve the petition, but deny the extension of status (ie., no I-94). You will need to make a trip outside the U.S and re-enter before you can begin working for the new company. If you do not have a valid, unexpired visa in your passport you'll likely have to explain to the consular officer why you dont have paystubs.

 

[Hanz]

Hi,

It's said that one can start to work for new employer immediately after receiving the receipt notice of the application for H-1B transfer. It means one can start the new work before being informed of the final approval. If this is true, how does one have to go out of the U.S. and get the I-94 card before starting to work for the prospective employer? This is my opinion. I am confused. Please comment.

 

[mgh2001]

My understanding is you'll be ok until BCIS makes a decision to not grant the extension of status. So you'll receive the I-797 approval with no I-94 attached. After that time, you cannot work with your new employer until you've made a trip abroad and returned with the new I-94. You will be in a period of authorized stay if a non-frivolous petition is filed with the BCIS and it hasnt acted on it. Recommend you spend the extra $1000 and apply for premium processing to reduce any apprehensions ( not to mention expiry of the existing stamp on your passport - since you can use that to re-enter the country).

Of course, BCIS might just give you the approval with the I-94 attached, in which case you'll be just fine.