Is My current H1B status Invalid?

K

konmur

New Member
I have been working on H1B since Jan'00. I left for canada for a canadian immirgation in Feb'04 and back in USA on Jun'04. During this period I was technically on my employer's payroll but I was not paid. Later I Joined the company XYZ in Aug'04 and I have been paid my salary since then. I have been told by XYz to go back on my old employer's payroll because it will help me getting the 7th year extension approval. So I joined my old employer in Aug'05.

Last week my wife who got her H1B approved in Nov'04 went to Toronto, canada for H1B stamping. And she was refused because my non immigrant status is invalid for more than 6 months. Can anyone help me figuring out why my status is invalid and what can I do to make it valid? I appreciate your help.
 
konmur said:
I have been working on H1B since Jan'00. I left for canada for a canadian immirgation in Feb'04 and back in USA on Jun'04. During this period I was technically on my employer's payroll but I was not paid. Later I Joined the company XYZ in Aug'04 and I have been paid my salary since then. I have been told by XYz to go back on my old employer's payroll because it will help me getting the 7th year extension approval. So I joined my old employer in Aug'05.

Last week my wife who got her H1B approved in Nov'04 went to Toronto, canada for H1B stamping. And she was refused because my non immigrant status is invalid for more than 6 months. Can anyone help me figuring out why my status is invalid and what can I do to make it valid? I appreciate your help.
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Working with A since January 2000
Went out of US February 2004 and back to US Jun 2004, at this time when you came back did you get new I-94? If yes what is the validity of I-94. If employer did not pay you then employer A violated H1 Law/regulation by not paying you if you were working for him
Did you join XYX and got H1 approval notice for with I-94 attached? Till what date?
XYZ is telling you to go back to A so that you can get 7th year H1 extension. Did the employer A filed LC for you more then 365 days? If yes then employer XYZ can also get you 7th year H1 extension
Your wife got H1 approval, was it FRESH H1 or change of status from H4 to H1?
You need to take all your approval notices and joining date and H1 transfer filing receipts, copy of all I-94 and see a good lawyer. What I suspect is your wife may not be on valid H4 status ( because you may not be on valid H1 status) when her H1 was approved and the consulate may have found that. From your post with out all the details of your case and details of spouse it is not possible to make a guess
 
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