L1 to H1 and H1 transfer

T

theshiningsun

Registered Users (C)
hi greatguru and other members,

i was on L1 status with company A and applied for my H1 visa thru company B. before applying, company B had agreed to pay monthly salary. this was agreed thru emails which i hv with me but no written docs.

my H1 was approved with start date in late oct'06. i got the approval in nov. i got new I-94 with it. so i resigned company A and joined company B in dec. now company B asked me to go in for hourly sal. i was ok but again no written docs.

i hv not got project since joining company B. i hv asked for sal during bench period. but company B is avoiding the issue.

my question

1) if company B does not pay me salary for bench period, will i be out of status?

2) if yes, how long this is allowed?

3) since i hv not worked on project for company B, i do not hv paystubs. in this case, is it possible to transfer my H1 to company C?

4) if i transfer, will it hv new I-94?

5) the I-94 that i got with my H1 is valid till late 2009. if i transfer my H1, is it required to get a new I-94 to start work with company C? if i do not get a new I-94, am I allowed to work for company C?

thx in advance,
 
theshiningsun said:
1) if company B does not pay me salary for bench period, will i be out of status?

2) if yes, how long this is allowed?

3) since i hv not worked on project for company B, i do not hv paystubs. in this case, is it possible to transfer my H1 to company C?

4) if i transfer, will it hv new I-94?

5) the I-94 that i got with my H1 is valid till late 2009. if i transfer my H1, is it required to get a new I-94 to start work with company C? if i do not get a new I-94, am I allowed to work for company C?
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1) May not be out of status, but obviously violating H1 requirement.
2) Not specific timeframe. Must be short.
3) Yes, but you may not get I-94 with approval. YOu have to travel and reeneter.
4) If you can not provide recent pay stubs, I doubt that I-94 won't come along.
5) if you did not get I-94 with transfer, you must get new I-94 at POE.
 
thanks, GotPR.

1) May not be out of status, but obviously violating H1 requirement.
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but is it not the employer who is causing the violation?

and am i penalised in any way for this? if i complain to dol, will employer cancel the visa? if he does this can i invoke whistleblower act?

3) Yes, but you may not get I-94 with approval. YOu have to travel and reeneter.
4) If you can not provide recent pay stubs, I doubt that I-94 won't come along.
5) if you did not get I-94 with transfer, you must get new I-94 at POE.
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if i apply for transfer first. on getting the receipt from uscis i complain to dol abt current employer not giving sal. since the transfer is filed first, current employer cannot revoke the petition. now i upgrade to premium processing. if uscis asks for paystubs, i can now refer to my complaint to dol that my employer is not paying me.

in this case will the transfer b approved with I-94?
 
theshiningsun said:
and am i penalised in any way for this? if i complain to dol, will employer cancel the visa? if he does this can i invoke whistleblower act?
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I'm not sure as status violation is not overstay. It is widely said that more than 180 days unemployment on H1 will trigger entry bar, but I haven't seen the documetn backing up this.If you are already close to 180days, you should consult with lawyer to discuss options.

if i apply for transfer first. on getting the receipt from uscis i complain to dol abt current employer not giving sal. since the transfer is filed first, current employer cannot revoke the petition. now i upgrade to premium processing. if uscis asks for paystubs, i can now refer to my complaint to dol that my employer is not paying me.

in this case will the transfer b approved with I-94?
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I think it's up to CIS, but probably CIS won't buy it as violating status is clear no matter whose fault it is.
 
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Here is the law regarding entry bar. It didn't specifically say overstay or out of status. It just put as "unlawfully present". Being under violation of H1 requirement might be included in "unlawfully present" and if so, you should not be out of job more than 180 days.

(I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States (whether or not pursuant to section 244(e)) prior to the commencement of proceedings under section 235(b)(1) or section 240, and again seeks admission within 3 years of the date of such alien's departure or removal, or

(II) has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien's departure or removal from the United States,is inadmissible.
 
thx GotPR.

but if i complain to dol, will the employer cancel my visa? and if he does that can i invoke whistleblower act?

if he pays me an amt less than given in lca, and i submit that paystub for H1 transfer, then will it cause a problem with the transfer?
 
theshiningsun said:
but if i complain to dol, will the employer cancel my visa? and if he does that can i invoke whistleblower act?
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Nobody can speculate how CIS responds. I'd recommend to file transfer, and once transfer is filed, talk to DOL so that even though company cancelled H1, it won't affect your transfer.
 
thx.

but if my employer pays me an amt less than given in lca, and i submit that paystub for H1 transfer, then will it cause a problem with the transfer?
 
hi GotPR,

can u pls let me know about this? if i apply for transfer and submit paystub showing amt less than given in lca, will the transfer be rejected?
 
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