H4 to H1 visa status and payroll query

[rishit999]

My Situation:-
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Arrived in US on H4 Visa: Feb 2008, have been in US since then
Applied for H1-B: Apr 2008
H1 (I-797) Approved on: Oct 31, 2008 with an I-94 stating my status as H1
Got my H1 petition in hand: Nov 15, 2008
SSN issued on: Nov 17, 2008
I have No Payroll for the months of Nov 2008, Dec 2008 since company says that they will run my payroll only when they will have a project for me to work on.
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Questions:-
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I have contacted my employer for my pay for the months of Nov and Dec 2008.The employer says that they will give me an offer letter with a Date of Joining as some date in future (when they will have a project for me) and they would start my payroll only from that joining date onwards.
The employer claims that I am on H4 visa till that specified future joining date. So, during this time, if I visit India and go for visa stamping, no paystubs would be needed. Only the offer letter with a future joining date would suffice with my other petition documents and I-797 approval.

How correct is the above statement?

Is the employer obligated to pay me for the entire validity period mentioned in the H1 approval beginning Nov 2008? If yes, Is the employer required to pay the entire salary as per the LCA or some on-bench salary or compensation during training, which is generally less than the salary as per the LCA

What problems can arise for me in future (say for stamping, or any visa for US in future, or any immigration plans to US etc) due to lack of paystubs and W2 for Nov, Dec 2008?

What are my options for going back to H4 visa. I wanted to visit my home country in Jan 2009. What can be the possibilities for me? Can I go to my home country and come back on H4? Or Can I go to India and get my H1 stamping done. Or can I change my status to H4 right here in US. What is the best course of action to take here?

Thanks and Regards
R

 

[TheRealCanadian]

The employer claims that I am on H4 visa till that specified future joining date.

Your employer is a scammer and is full of nonsense.

Is the employer obligated to pay me for the entire validity period mentioned in the H1 approval beginning Nov 2008?

Yes.

If yes, Is the employer required to pay the entire salary as per the LCA or some on-bench salary or compensation during training, which is generally less than the salary as per the LCA

There is no provision for "on bench" salary, it is in fact explicitly prohibited. You must be paid the LCA wage.

What problems can arise for me in future (say for stamping, or any visa for US in future, or any immigration plans to US etc) due to lack of paystubs and W2 for Nov, Dec 2008?

You are out of status.

What are my options for going back to H4 visa. I wanted to visit my home country in Jan 2009. What can be the possibilities for me? Can I go to my home country and come back on H4?

That would be your best bet, then complain to DOL when you return and demand back wages.

 

[rishit999]

How can I transfer my status from H1 to H4 now?

Thankyou for your reply.

Another question I now have is:-

In this state,without last 2 months paystubs, Can I transfer my status back to H4?
What would be the procedure and the documents required for H1 to H4?
Also, In future, would i be able to resume back from H4 to this H1 that got approved in Nov 2008? It what situations can i do this H4 to H1?

Inputs on this would be greatly helpful.

 

[ginnu]

Thankyou for your reply.

Another question I now have is:-

In this state,without last 2 months paystubs, Can I transfer my status back to H4?
-------------------You are out of status as you dont have Pay stubs. USCIS may approve Change of Status without I-94.
What would be the procedure and the documents required for H1 to H4?
------------------H1 based Pay stubs, Copy of Valid I-94(front and back), H1 approval notice copy, form I-539, copy of your passport pages and Fee.

Also, In future, would i be able to resume back from H4 to this H1 that got approved in Nov 2008?
----------------- your employer CAN from H4 status to H1 change of status in US.
It what situations can i do this H4 to H1?
----------if you are on valid H4 status in US (your spouse on valid H1status) and valid I-94
Inputs on this would be greatly helpful.

----------- if you are Interested for H4 status it is much better to go out of US then get H4 visa stamp and enter on H4 status.