Hi,
Following is my situation:
I was working for a start-up (say X)(on H1B) that closed down on Aug, 2001.
They gave me an indication about that in May so that I could find another job.
I got an offer from another company(say Y) but they said that they can\'t
transfer my H1B but I can work for them on a corp-to-corp contract basis.
In an effort to save my visa, my company\'s (X)accountant talked to the
immigration lawyer and she said that I can work as a consultant for the other
company(Y)as long as they pay me through my current employer(X). So, I stared
for the other company(Y). Since my company X(that is holding my H1B) closed
down they didn\'t have any payroll dept (they exist on paper only) they started
giving me a check (just a paycheck without any pay stub) and the check has
the company\'s name on it. They paid me in that way till Jan 2002. Now I\'ve a
few concerns.
1. Since they were giving me just a check (without a paystub), will INS accept
that as a valid paycheck? Ofcourse my company will issue a 1099 form against
that which will help me to prove that I was not making anything illegally.
2. In last few months (Nov 01 - Jan 02) I didn\'t make much from that consulting
job and as a consequence, My company had to write me small checks. The
amount definitely complies with minimum federal wage but t was almost 20% of
the rate that my company (X) promised to pay in the offer letter when I joiend
them.Do you think that the amount of those checks could be a problem (even if
INS accepts those pay checks without any pay stubs)?
3. I\'ve have all pay stubs from my employer till Aug,01. At this moment I\'m
thinking about going back to school. Do you think that in my situation ,
switching to F1 will be safer an much easier? I talked to the school and
they are definitely very much interetsed to give me offer with financial
support. When I talked to the International student advisor, he said that
he can\'t issue an I-20 at anytime he wants (even if the school ready to
give me an offer at the middle of the semester). He says that he can issue
an I-20 for 2002 Fall only (since the spring has already began) and he can\'t
issue that a max of 90 days before the Fall sem starts. That means he can issue
an I-20 in May/June 2002 only. To be very honest, I think that he was making up
his own story just because he doesn\'t want to do any extra work (He doesn\'t
have a good reputaion as a helpful person). Do you really think that what he
said is correct? In my s
ituation, I should really get an I-20 asap as time
is running out. What should I do if I want to go back to school this summer
(June) or Fall (Aug) without INS causing me any problem?
4. Technically speaking:
a. If INS accepts those paychecks (till Jan 2002) without paystubs
as valid payroll, then I\'m still in status.
b. Otherwise I\'ve paystubs still Aug, 2001 and that means I\'m out
of status.
What should I do in this situation? What could be the best option?
Thanks in advance.
-Dan
Following is my situation:
I was working for a start-up (say X)(on H1B) that closed down on Aug, 2001.
They gave me an indication about that in May so that I could find another job.
I got an offer from another company(say Y) but they said that they can\'t
transfer my H1B but I can work for them on a corp-to-corp contract basis.
In an effort to save my visa, my company\'s (X)accountant talked to the
immigration lawyer and she said that I can work as a consultant for the other
company(Y)as long as they pay me through my current employer(X). So, I stared
for the other company(Y). Since my company X(that is holding my H1B) closed
down they didn\'t have any payroll dept (they exist on paper only) they started
giving me a check (just a paycheck without any pay stub) and the check has
the company\'s name on it. They paid me in that way till Jan 2002. Now I\'ve a
few concerns.
1. Since they were giving me just a check (without a paystub), will INS accept
that as a valid paycheck? Ofcourse my company will issue a 1099 form against
that which will help me to prove that I was not making anything illegally.
2. In last few months (Nov 01 - Jan 02) I didn\'t make much from that consulting
job and as a consequence, My company had to write me small checks. The
amount definitely complies with minimum federal wage but t was almost 20% of
the rate that my company (X) promised to pay in the offer letter when I joiend
them.Do you think that the amount of those checks could be a problem (even if
INS accepts those pay checks without any pay stubs)?
3. I\'ve have all pay stubs from my employer till Aug,01. At this moment I\'m
thinking about going back to school. Do you think that in my situation ,
switching to F1 will be safer an much easier? I talked to the school and
they are definitely very much interetsed to give me offer with financial
support. When I talked to the International student advisor, he said that
he can\'t issue an I-20 at anytime he wants (even if the school ready to
give me an offer at the middle of the semester). He says that he can issue
an I-20 for 2002 Fall only (since the spring has already began) and he can\'t
issue that a max of 90 days before the Fall sem starts. That means he can issue
an I-20 in May/June 2002 only. To be very honest, I think that he was making up
his own story just because he doesn\'t want to do any extra work (He doesn\'t
have a good reputaion as a helpful person). Do you really think that what he
said is correct? In my s
ituation, I should really get an I-20 asap as time
is running out. What should I do if I want to go back to school this summer
(June) or Fall (Aug) without INS causing me any problem?
4. Technically speaking:
a. If INS accepts those paychecks (till Jan 2002) without paystubs
as valid payroll, then I\'m still in status.
b. Otherwise I\'ve paystubs still Aug, 2001 and that means I\'m out
of status.
What should I do in this situation? What could be the best option?
Thanks in advance.
-Dan