Out of status!!!back in status

[karan2405]

What is the name of your state (only U.S. law)? CA

My spouse working for consulting company.Her project assignment completed on 5/31/2009.She started working with employer on internal assignment .
She got some paycheck bi weekly with less very amount.
Now her employer is not putting any effort in finding assignment for her and also stopped paycheck (less amount) also.

Is it possible to file change of status from H1B-H4/H1B Transfer with these paycheck?

If supposed we donot take any action now and after 2 months she got job and actual paycheck through same employer then will she come back to status?

Is there any other solution?I donot want to send her back.Please help

 

[karan2405]

Please help

Appreciate response from anyone.Please suggest.

 

[ImmigAttyLana]

If her last paychek is 2 months ago, it is not likely that a transfer will be approved as such. However, a petition would be approved, if otherwise approvable, for consular processing. If she already has a valid H-1B visa, that would simply mean that she departs the US and reenters with the valid H-1B visa and the new company's approval notice on her behalf.

 

[karan2405]

Thanks Lana--One more question

Hi,

She is not planning to change the current employer or file H1B transfer.

She is working with current employer on internal project and they are paying paycheck of very less amount for less than 20 hours/week.

Now suppose she get some assignment now from current employer then, Is there any problem in continue working for same employer after 2 months of gap(working on internal project with less than 20 hours per week)?


Will it create some problem in future while doing H1B transfer?

Appreciate your quick response.

 

[ImmigAttyLana]

No, it will not if she stays with the same employer after a few months. However, the employer is in violation of the terms of the H-1B if they are not paying her according to the approved petition.

 

[inthepond]

H1b out of status

What is the name of your state (only U.S. law)? NY/NJ

am here on H1b and my wife on H4, the validity stamp on our 1-94 as well as the visas issues are all sept 30, 2009. However, last december 2008 i was terminated by my petitioning employer. I asked for a leave of absence and they terminated me,, They were also cutting hours of other employees, and they were not paying me my right salary. We parted in no good terms because of this.

Since then I have been working jobs here and there and living off of what I saved during employment with my petitioner and living with friends and distant relatives. I am still looking for a job and found one who is willing to hire me but unwilling to sponsor me. I have tried to look for an employer willing to petition but since my job description was financial analyst and the industry was down, I wasnt able to find any.

Is there still a way to stay here or change satus or adjust status? wE have a little money left and might be able to invest in a small business.. can we stay here and just open a business or change to tourists?

please help us. do you handle cases in NY/NJ area or do you have recommendations? thanks again so much

 

[ImmigAttyLana]

A change of status will not be approved within the US even if you do find an employer willing to sponsor your H-1B since you are no longer in valid status and in order to be able to CHANGE status, you must be IN status.

Adjustment of status is a totally different concept requiring you to have an approved immigrant visa petition on the basis of which TO adjust status to permanent residence. FOr that, too, you must be IN valid status, but this is not even the issue since you have no underlying immigrant petition that has been filed and/or approved on your behalf.

You cannot simply purchase a business that would assist you in any way. You can do that, of course, but plan to first depart the US and then try to reenter with the purpose of doing that, if you can. You will not be able to simply remain in the US and change status to that of a business owner. Again, in order to change status you must be in status.

While you are out of status, you are still lawfully present in the US since your I-94 is still valid. However, once your I-94 expires, you will start to accrue unlawful presence in the US. Once you accrue 180 days of such unlawful presence and depart the US (since you still will not be eligible for any change of status, extension of stay, or adjustment of status), you will be barred from reentry for a period of 3 years. Once you accrue 365 days of unlawful presence, you will be barred for 10 years.

I would strongly advise that you either seriously consider departing the US prior to the expiration date of your I-94 or really try to find an employer willing not only to hire you since this is really meaningless without sponsorship for a foreign national, but also to petition for your H-1B.

 

[karan2405]

H1B Transfer-Critical Issue

Hi Lana,

Today My spouse got a job offer.But from last couple of months she is getting bi weekly paycheck of 10hr,10hr,16hr,20hr,20 hr.
She was not doing well from last couple of months and working with employer on internal project.(kind of WFH).

Is it possible to apply for H1B transfer now with some other supporting documents?
What are the chances of getting approval?
Is there any other alternative?After so much effort she got this job and dnt want to lose it.Please suggest.

 

[candg918]

She should ask the employer to file with premium processing in order to receive a fast decision; this requires an additional fee. She can then decide what to do.

 

[karan2405]

One mroe question

The new employer is not ready to file premium processing but assuring that there won't be any reject as they have 100 % record.
The new assignment is for long duration and employer is also big company.

They want my spouse to start working for them after receiving H1B transfer receipt.

My question is:

1) Since my spouse employer will not pay her going forward,so is it possible for her to start working without giving resignation ?

2) What are the complication if suppose she resigned from current employer and H1B transfer get reject from new?How to resolve such situation?