programmer76
Registered Users (C)
Hi,
I was laid off from my old job on May 1 st 2002 and I applied right away for H1 transfer with a consulting company in may only. We didn't do premium processing. INS raised a query & We replied to their query successfully and my H1B transfer petition was approved in December 2002. My lawyer who filed my case for H1B transfer told me that the employer doesn't need to pay me until my H1B petition is approved. So I was not paid from May to December.All this time i was in usa and i did have a valid H1B visa stamp in my passport from the company who laid me off. Questions i've are.
(1)I wanted to make sure that what my lawyer said was right and my employer did nothing wrong by not paying me until my petition was approved. (During that time I was sitting at home doing nothing)
(2) if the H1B petition was still pending and at that time I was not getting paid. Was i out of status during those 7 months?
(3)If my wife and I apply for H1/H4 visas at consulates in India and by any chance if visa officer raise the questions about my less salary in year 2002 then is this the reason I can describe to them for my less salary? I wanted to make sure what to answer them just in case they ask this question about my very less salary in year 2002.
I was laid off from my old job on May 1 st 2002 and I applied right away for H1 transfer with a consulting company in may only. We didn't do premium processing. INS raised a query & We replied to their query successfully and my H1B transfer petition was approved in December 2002. My lawyer who filed my case for H1B transfer told me that the employer doesn't need to pay me until my H1B petition is approved. So I was not paid from May to December.All this time i was in usa and i did have a valid H1B visa stamp in my passport from the company who laid me off. Questions i've are.
(1)I wanted to make sure that what my lawyer said was right and my employer did nothing wrong by not paying me until my petition was approved. (During that time I was sitting at home doing nothing)
(2) if the H1B petition was still pending and at that time I was not getting paid. Was i out of status during those 7 months?
(3)If my wife and I apply for H1/H4 visas at consulates in India and by any chance if visa officer raise the questions about my less salary in year 2002 then is this the reason I can describe to them for my less salary? I wanted to make sure what to answer them just in case they ask this question about my very less salary in year 2002.