H1-B Out of Status

[amulspree]

Hi,

Is there a way to know if i was in out of status?

Here is my story.

I got my h1-b approved and visa stamped through a desi consulting company. I came to US on 1st week of June 2013 and i didn't get any project up until 2nd october. My employer did not asked me to fill I9 form until i got my first project. Does it mean that i have been on out of status from june 2013 - oct 2013? My employer did not run any payroll during this period.

And again there was a problem on the 1st project and i had to pull back within 7 days after joining at the client location. After that i got a project on 1st week of Nov 2013 and i am currently working onsite at the client place. Dec 1st week is the first pay check i have received.

I just want to know if i were on out-of status between june 2013 - Oct 2013? If i would like to transfer my visa, will it an issue if i were out of status??

My employer on their paystub record shows my DOJ is 1st Oct, how ever i have not been paid anything except for salary advance for Oct 2013, paid in 1st week of Nov.

Please let me know if there is place where i can check if i was in out of status.

Appreciate if you can give me any valuable feedback on this.

Thanks,
Amulspree

[raghvi]

Hi,

Is there a way to know if i was in out of status?

Here is my story.

I got my h1-b approved and visa stamped through a desi consulting company. I came to US on 1st week of June 2013 and i didn't get any project up until 2nd october. My employer did not asked me to fill I9 form until i got my first project. Does it mean that i have been on out of status from june 2013 - oct 2013? My employer did not run any payroll during this period.

And again there was a problem on the 1st project and i had to pull back within 7 days after joining at the client location. After that i got a project on 1st week of Nov 2013 and i am currently working onsite at the client place. Dec 1st week is the first pay check i have received.

I just want to know if i were on out-of status between june 2013 - Oct 2013? If i would like to transfer my visa, will it an issue if i were out of status??

My employer on their paystub record shows my DOJ is 1st Oct, how ever i have not been paid anything except for salary advance for Oct 2013, paid in 1st week of Nov.

Please let me know if there is place where i can check if i was in out of status.

Appreciate if you can give me any valuable feedback on this.

Thanks,
Amulspree

No Pay with no valid reason is out of status. If you dont have Paystubs for June 2013 to Oct 2013 then Yes , you were out of status during that period.
Also it would also clearly show in the yearly W2 that you didnt get paid from June to Oct.

Whether that becomes an issue or not in the future during transfers/visa stamping / GC processing depends upon how deep USCIS goes into your records and proof they seek.

I wouldnt advise a transfer till you have accumulated at least 2-3 Months of paytubs.

This is my opinion not legal advice.

[amulspree]

Is there a place where i can check, if i was in H1-B out of status????

Will this impact my current work doing at the client place if uscis come to know if i were on out of status???

Please advise.

Thanks

[amulspree]

No Pay with no valid reason is out of status. If you dont have Paystubs for June 2013 to Oct 2013 then Yes , you were out of status during that period.
Also it would also clearly show in the yearly W2 that you didnt get paid from June to Oct.

Whether that becomes an issue or not in the future during transfers/visa stamping / GC processing depends upon how deep USCIS goes into your records and proof they seek.

I wouldnt advise a transfer till you have accumulated at least 2-3 Months of paytubs.

This is my opinion not legal advice.

Is there a place where i can check, if i was in H1-B out of status????

Will this impact my current work doing at the client place if uscis come to know if i were on out of status???

Please advise.

Thanks

[raghvi]

Is there a place where i can check, if i was in H1-B out of status????

Will this impact my current work doing at the client place if uscis come to know if i were on out of status???

Please advise.

Thanks

I dont think there is any place available in a public domain where you can check. But if you speak to an attorney they will most likely tell you that yes you were out if status for that period.

Technically Yes, USCIS can revoke the petition for not having maintained valid status if they do a site visit under the Administrative Site Visit and Verification Program (ASVVP) conducted by the Fraud Detection and National Security (FDNS) Directorate , and determine the need for additional processing and eventually end up determining that you were out of status during those months. They dont usually do so often but have a right to do so.

Yes, there are higher chances of verification when you apply for a transfer/extension later on.

This is my opinion not legal advice.