legal stay in US on H1B

K

komal123

Registered Users (C)
Hi,

A friend of mine was on H1B and was laid-off in late march this year. He is still in USA looking for job. He asked him company who laid him off to keep his H1B onhold (i.e not let INS know to revoke his H1B petition). He is not on the payroll of the old company. Can he stay legally like that in USA?

Please let me know....
 
He is out of status immediately after laid off. One should be on employers payroll to be in status on H1. Even if he find an employer, he need latest paystubs to apply for H1 transfer which he may not be able to produce. If employer did not inform BCIS of H1 cancellation, employer will be held liable to pay salary or return transportation to the laid off employee on H1.
 
Yes he is not in legal immigration status. However there are many like your friend who find a job within 180 days and then go out of US to get a new I94 to reset their status (since INS generally issues h1 in such cases without I94).
Just ask your friend to hunker down and do the job search or upgrade skills...
 
How does INS know ?

Hi,

My question is if this person finds a new job & the new company files for H1B, how would INS or BCIS know that this person is without employment since March. His old company has not notified INS to revoke H1B with the old company but he is not on the payroll of the old company.

Also I have heard that some companies can hire as contractor on H1B, charge fee from you, pay you some salary but take it back via personal check, just to show that you are on status & being paid.

Does it really work ?
Is INS aware of this loophole...

Please advise..
 
BCIS checks the history of the company...
like how big is the company, how old, ..their financial capacity...etc
Also it checks the applicants visa history...
If something is not correct the BCIS issues a rfe for pay stubs when a new/transfer h1b is applied for.

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Also I have heard that some companies can hire as contractor on H1B, charge fee from you, pay you some salary but take it back via personal check, just to show that you are on status & being paid.
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how about the taxes on these salary ?
This will create a problem when someone applies a GC or new/transfer H1b, bcos of the difference in salaries in pay stub vs the ones in the LC.
 
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