Not on Payroll - Help

[nukeclear]

Dear Friends,

I had applied for labor cert. in Aug. 2002 in CA through my friend's company. My H1 is also with his company. I'm not on company's payroll as of now. I've been asking him to put me on the payroll but he says that he can only do that at the end of this year.

I wanted to find out that if ne never puts me on the payroll is this going to come back and haunt me? If it does, when would INS ask for it .... 140 or 485 stage?

Incase he puts me on payroll by the end of the year .... would that change anything?

Is there anyway around it? Do they actually verify W2's?

I'll appreciate your help immensly!

Thanks.

 

[Jim Mills]

Sometimes. How is the employer going to show an immediate and ongoing ability to pa your salary if he is not doing so when you are in H-1 status as his employee? If I were an INS examiner, there is nothing he could do to convince me of this since as an H-1 employee of his, he is legally obligated to either fire you and offer you a ticket back to your home country or pay you, even for unproductive time.

You are currently in status but you are not properly maintaining your status since it appears that you are not working (that's what INS is going to think if there are no paystubs).

INS asks for proof of the employer's ability to pay the employee at the I-140 stage.

 

[kvrr]

Not on payroll for sometime

Hi Friends,
I have a question regarding payrole.

I got laid off.
Then I applied for H1-B transfer through my friend company.
mean time after 3 months I got job.
My friend did run pay roll(I have pay slips) and withdraw my case.(because he said he could answer a query)

I got my H1 approved for my new company and cool.

after another 12 months, I got laid off second time and I followed the same procedure with another company.
I got my h1 approved. and after 4 months I got job and my H1 got transfered.

he did not run pay roll this time.

Is this effects my Green card processing?
Rightnow, I am working and have payslips and everything.

I was on status all the time.
First time, when I got laid off, my application was filed with INS, so in status.
Second time, I transfered my H1, but not in payroll

These two times with a gap of three months each.

Any comments please..

Ven