urrgennt help required

[vaish]

Here is my case history:
I landed a job of Business Analyst in may/June time
frame They started working on my
H1B petition right away. I got my H1B visa approved on
7/16 from Mumbai Consulate. I flew to USA on 8/11.
Applied for my social security # which has not come
till date. In the meantime, situation at employers end changed & they did not require a Business
Analyst . As they were unable to support my
employment, they duly conveyed the
same to BCIS. Thus I was never put on pay role and I
have no pay stubs to support my previous H1B
employment.

I have now got a job with aanother employer & they r filing forr my H1 transfer.however I dont have any paystubs as I wasnever put on roles. M i out of status.?????

My lawyer says thata I m not out of status because as per the BCIS rule , I am in status for at least 30 days
after I entered the US, because the immigration laws
generally don't make it mandatory for an
employer to put someone on the payroll until they have
been in the US for 30 days.

Please clarify

 

[ginnu]

I have now got a job with another employer & they r filing for my H1 transfer. however I don’t have any pay stubs as I was never put on roles. M i out of status.

My lawyer says that a I m not out of status because as per the BCIS rule , I am in status for at least 30 days
after I entered the US, because the immigration laws
generally don't make it mandatory for an
employer to put someone on the payroll until they have
been in the US for 30 days.
--------- I think he is correct but you can’t file for H1 transfer with out pay stubs. I hope your employer will file for new H1 and you may not get I-94 extended with new H1 approval notice. In that scenario you may have to exit US and reenter, get new I-94 based on new H1.