H1 payroll gap

[gpr4all]

Hi , I worked for company A from October to feb 1st 2013 and my payroll run upto feb 1st 2013 and on feb 6th 2013 I left to India for vacation and came back on April 12th 2013. After arrival I started searching for job and joined company B on may 14 after receiving H1 transfer receipt .

1. Now I have a payroll gap from April 12th to may 13th . So will this one month payroll gap will effect me in the future GC or any another visa process?

2. my vacation to India from feb 6th to April 12th .. Consider as payroll gap??

3. My last payroll run date is feb 1st .. I mean paid upto feb 1st. And new payroll start date is may 14th .. Is that fine???

4. What documents i need to ask my employer A, which will help me in future purpose ?? I mean experience letter etc.. Suggest ?

5. As per my situation above, If I forget to ask any important question ... Please advice here...

[kabkaba]

Hi , I worked for company A from October to feb 1st 2013 and my payroll run upto feb 1st 2013 and on feb 6th 2013 I left to India for vacation and came back on April 12th 2013. After arrival I started searching for job and joined company B on may 14 after receiving H1 transfer receipt .

1. Now I have a payroll gap from April 12th to may 13th . So will this one month payroll gap will effect me in the future GC or any another visa process? -- Yes, this out of status period can affect future applications. The transfer itself is likely to be approved without I-94.

2. my vacation to India from feb 6th to April 12th .. Consider as payroll gap?? -- No, that is not considered out of status period.

3. My last payroll run date is feb 1st .. I mean paid upto feb 1st. And new payroll start date is may 14th .. Is that fine??? --No, for every day you are present in the US in H1 status, you must get paid. You can complain to DOL using form WH4 for unpaid wages.

4. What documents i need to ask my employer A, which will help me in future purpose ?? I mean experience letter etc.. Suggest ? -- Experience letter stating your dates of employment and role and responsibilities etc.

5. As per my situation above, If I forget to ask any important question ... Please advice here...

See above. Complain to DOL about the unpaid wages.

[strokedoc]

in a similar impending situation like yours... did you consider going on B1/B2 ?

I am in my 5 th year of H1b visa that ends July 31, 2013 the last day of my employment at fellowship program. I have accepted a job offer which will renew my H1b but I will have to wait to file H1b renewal at least until September as I cannot get on the payroll for the job until then. My lawyer suggested that we apply for B1/B2 ( from August until September end); and as I get my hospital credentialing we immediately file H1b so I can maintain H1b status by being on the payroll for hospital.

My questions are:
1.Can you apply for B1/B2 visa while you are already residing in the US on another visa ( such as H1b in my case).
2. If I have a valid reason to stay in the US during that period such as taking a board exam, would that be sufficient documentation for B1/B2
3. Has anyone done this before. What happens if B1/B2 gets rejected ? Does this activity have any adverse effect on green card application in long term?

Thanks.