H1B Out of Status

[trjj74]

I came to the US on a H4 on 05-Dec-2012. I applied for my H1 this year and got my H1B approved (H1B COS) on 10/08/2013. My Employer is looking for a project for me and so far I have not been paid. When I checked with my Company Attorney, they said I have till 60 days to get paid, so I am OK. I just want to confirm the same, so that I can confirm that I am not "OUT OF STATUS".

Also by chance I get no project within 60 days and my Employer does not pay me, I am planning to go back to H4 to maintain my status. At that time, I would be applying for H4 without any pay-stubs. Would it be an issue then.

[trjj74]

I came to the US on a H4 on 05-Dec-2012. I applied for my H1 this year and got my H1B approved (H1B COS) on 10/08/2013. My Employer is looking for a project for me and so far I have not been paid (So not on company pay-roll). When I checked with my Company Attorney, they said I have till 60 days to get paid, so I am OK. I just want to confirm the same, so that I can confirm that I am not "OUT OF STATUS".

Also by chance I get no project within 60 days and my Employer does not pay me, I am planning to go back to H4 to maintain my status. At that time, I would be applying for H4 without any pay-stubs. Would it be an issue then.

[Nattybone]

Hello, Trjj74.

How did your H1B get approved without a project in hand? The USCIS asks for Project related documents, letter from end client at the time of processing an H1B application. I would suggest that you speak with another attorney and get another opinion. They charge $100 for 1 hour, but you will have a lot more clarity.

Also, if nothing, you can ask your employer to run you payroll by paying him. The money minus the taxes will be credited back to you in your bank account. That way, you will have your status maintained and have pay stubs too. Please do not take your status lightly. Your employer is a Citizen, probably, and has nothing to lose.

I hope this helps.

Wishing you luck.

Cheers,