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H1B out of status for over a year

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  • H1B out of status for over a year

    Hi everyone,

    I have been checking the forum for a while and I did not find anyone with the same issue that I have. Sorry If I missed it.

    Anyways, I am H1b Visa alien since October 2014. I arrived in the States that same month. I have been working for the US branch of my company since then.
    However, I have been paid overseas instead of US and I don't have a SSN. My employer said that it was fine.

    I want to go to another company through H1B transfer process and they are asking for last 3 pay stubs. I don't know what to do, I think my current employer messed all up...

    1.- All this year (Oct-2014 to Oct-2015) that I have been in the states not getting paid in US means that I have been out of status? Should I leave the country right away?
    2.- Can I still apply for jobs with some certainty that I will be able to get H1b transfer approved?

    Thank you for your time.

  • #2
    Originally posted by rommedahl17 View Post
    Hi everyone,

    I have been checking the forum for a while and I did not find anyone with the same issue that I have. Sorry If I missed it.

    Anyways, I am H1b Visa alien since October 2014. I arrived in the States that same month. I have been working for the US branch of my company since then.
    However, I have been paid overseas instead of US and I don't have a SSN. My employer said that it was fine.

    I want to go to another company through H1B transfer process and they are asking for last 3 pay stubs. I don't know what to do, I think my current employer messed all up...

    1.- All this year (Oct-2014 to Oct-2015) that I have been in the states not getting paid in US means that I have been out of status? Should I leave the country right away?
    2.- Can I still apply for jobs with some certainty that I will be able to get H1b transfer approved?

    Thank you for your time.
    It certainly is unique, heard of it on L1 visa but not on H1B. You can take it up with a complaint to DOL.

    This is my opinion not legal advice.

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