H1B Renewal Query

[H1BVisaHolder]

My first term H1B will expire in July 26, 2011. I have question that when I enter in the USA I work from 1st day upto 6months but I not worked 2months 16days and not paid for that 2months 16days, I used to stay in Colorado becasue that 2 months 16days my client dont have work and even the building was under construction, so, they told us no work for 2months and 16days.
does it matter in my H1B and H4 for my spouse renewal because I never work and even I dont have paystub of thoese period, rightnow I am working after building is constructed.
I dont know about anything of H1B but my relatives told me it will create problem for renewal , but they also dont know in deep of H1B, please guide me.

Parag

[shervin143]

It can create issues with the extension, visa stamping or GC process. When you are in H1B, you need to be working and get paid to maintain your H1B status. No pay slips means you are out of status on H1B. When a company sponsor you and H1B, it means that they have committed to USCIS that they have solid work for your until the duration requested in form I-129 (Petition expiry date). H1B is a fulltime job. Irrespective of whether you had work at the client place of not, you should get paid by your employer. If your employer didn't pay you, then you can complaint to DOL and make them pay to reinstate your out of status period. Even if the extension gets approved, there are chances that your future visa stamping can get tricky when they notice that your W2 doesn't match with the approved LCA.

https://www.immihelp.com/h1b-visa-employer-violations-complaint-procedure/

https://www.immihelp.com/h1-visa-holder-responsibilities/

https://www.immihelp.com/h1-visa-holder-rights/

[H1BVisaHolder]

It can create issues with the extension, visa stamping or GC process. When you are in H1B, you need to be working and get paid to maintain your H1B status. No pay slips means you are out of status on H1B. When a company sponsor you and H1B, it means that they have committed to USCIS that they have solid work for your until the duration requested in form I-129 (Petition expiry date). H1B is a fulltime job. Irrespective of whether you had work at the client place of not, you should get paid by your employer. If your employer didn't pay you, then you can complaint to DOL and make them pay to reinstate your out of status period. Even if the extension gets approved, there are chances that your future visa stamping can get tricky when they notice that your W2 doesn't match with the approved LCA.

https://www.immihelp.com/h1b-visa-employer-violations-complaint-procedure/

https://www.immihelp.com/h1-visa-holder-responsibilities/

https://www.immihelp.com/h1-visa-holder-rights/

My W2 is good and more value then LCA, becasue my salary increased, in my LCA was 65k but I got last W2 is 72k becasue my salary increased, what kind of problem will I have to face in GC, I am sure that I will not go back for stamping anymore, I dont want to go back India for stamping that I sure, so I dont have problem for that, but I already applied for GC and it approved, so, it will create problem in later stage?
what you guys senior called if person not work for some days and GC refused after some years? is there any specific name of refusal? or USCIS not still gave any name of that kind of refusal? worst USCIS. work visa in other countries are good structure but this H1B have no structure and not clear too.
I missed my UK HSMP and I enter on H1B. first time worst decission I made in my life.

Parag