Out of status for over a year

[rommedahl17]

Hi Everyone,

I am a H1b alien since Oct 2014 and I arrived in the US the same month. My H1b expiration date is Sept-2017.
However I have been working in the US but I was getting paid overseas and I don't have a SSN. My employer said that it was fine.
Now I am looking for a new job through an H1b transfer process. But I heard that for instance that I would need 3 pay stubs from my current employer.

I don't know I think my employer messed up...

1.- I have been in the US since Oct 2014 till now getting paid overseas and without a SSN, does it mean that I have been out of status? Do I have to leave the country right away?
2.- Can I keep seeking for a job here in the US with some certainty that H1b transfer will be approved?


Thanks for your time I really appreciate it

[shervin143]

Yes, you are out of status and what you and your employer are doing is completely illegal. When you went for your H1B visa interview, the VO might have given you a set of papers that explains the responsibilities of the H1B holder or might have at least asked if you know your rights and responsibilities. You cannot come to U.S in H1B and get paid in foreign country and not pay your taxes here. You should have a SSN, get paid in U.S currency and should have received a W2 for 2014 and filed you tax returns. Further extensions, transfer, change of status, visa stamping or future GC process will get messed up if you continue to be out of status and engage in illegal activity. Check the below links.

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

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

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

[ker2usa]

Hi Everyone,

I am a H1b alien since Oct 2014 and I arrived in the US the same month. My H1b expiration date is Sept-2017.
However I have been working in the US but I was getting paid overseas and I don't have a SSN. My employer said that it was fine.
Now I am looking for a new job through an H1b transfer process. But I heard that for instance that I would need 3 pay stubs from my current employer.

I don't know I think my employer messed up...

1.- I have been in the US since Oct 2014 till now getting paid overseas and without a SSN, does it mean that I have been out of status? Do I have to leave the country right away?
2.- Can I keep seeking for a job here in the US with some certainty that H1b transfer will be approved?


Thanks for your time I really appreciate it

This does not seem legal on first glance. If you are serious about staying on in the US, it may be wise to hire an immigration attorney who can help you out. Showing that you are maintaining status by providing paychecks/W2/etc., are pretty standard. Without an SSN, you can't open a bank account in the US to get paid nor can you file taxes with the IRS.

[rommedahl17]

thanks

Yes, you are out of status and what you and your employer are doing is completely illegal. When you went for your H1B visa interview, the VO might have given you a set of papers that explains the responsibilities of the H1B holder or might have at least asked if you know your rights and responsibilities. You cannot come to U.S in H1B and get paid in foreign country and not pay your taxes here. You should have a SSN, get paid in U.S currency and should have received a W2 for 2014 and filed you tax returns. Further extensions, transfer, change of status, visa stamping or future GC process will get messed up if you continue to be out of status and engage in illegal activity. Check the below links.

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

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

https://www.immihelp.com/h1b-visa-em...int-procedure/

thanks a lot shervin143. What do you mean with VO? I check the below links, but what should I do? should I leave the country right away?

I am contacting an inmigration lawyer for consultation.

Thanks again

- - - Updated - - -

This does not seem legal on first glance. If you are serious about staying on in the US, it may be wise to hire an immigration attorney who can help you out. Showing that you are maintaining status by providing paychecks/W2/etc., are pretty standard. Without an SSN, you can't open a bank account in the US to get paid nor can you file taxes with the IRS.

Thanks a lot ker2usa for your time. Actually, I am contacting a immigration attorney for a consultation. Actually, you can open a checking account without an SSN. Depends on the bank

Best regards

[shervin143]

You can file a complaint with DOL (Department of Labor) and make the employer pay your salary in U.S dollars. Make them generate U.S pay slips and pay taxes on them.
Yes, consulting an immigration attorney will help. VO means Visa Officer.

thanks a lot shervin143. What do you mean with VO? I check the below links, but what should I do? should I leave the country right away?

I am contacting an inmigration lawyer for consultation.

Thanks again