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  • 2 H1B Approved

    Hi,

    It will be great help if I can get some advice on below query.

    I came to US in 2014 on h4 and then in 2015 I have applied H1B through two consultants, fortunately I got both of them picked in lottery.
    I thought if one will be approved I will get another withdrawl, but both the visa got RFE at the same time, So I was not sure which one to choose.

    Then on 19th of Nov, 2015 one of my visa got approved and I talked to my consultant but My consultant said they don't have any project right now, asked me too wait, I waited for one month and they didn't found any project, they asked me to pay for my 1st paystub. I didn't pay anything to get paystub.

    Now on Jan 5, I got my another H1B approved, this company B is very genuine and process oriented and I want to join them.

    My question is, if I join Company B, and company A withdraws my H1B then what will be impact on my status, will I be out of status?

    If Yes, then what best can I do to maintain my status ?

    Please suggest.

  • #2
    You can join Company B now. Company A withdrawing their petition will have no impact. However, you were out of status from November 2015 until now since you do not have any payslips. Being out of status can cause issues with future extensions, transfers or during GC process. Since your H1B started on Nov 2015, you should get a W2 that shows that you were paid as per your approved LCA. To maintain your status, you can ask the employer to pay or file a complaint with DOL and make the employer pay.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Thank you so much shervin143 for your reply. This really helps a lot. I have one more doubt, as my H1B got approved on 19th Nov 2015. So Do I need to get the paystubs from that 19th Nov 2015 or from the day when I received my SSN? Is there any gap allowed between H1B approved and paystub start date?

      Comment


      • #4
        You should get paid from Nov 19th.

        Originally posted by anya02 View Post
        Thank you so much shervin143 for your reply. This really helps a lot. I have one more doubt, as my H1B got approved on 19th Nov 2015. So Do I need to get the paystubs from that 19th Nov 2015 or from the day when I received my SSN? Is there any gap allowed between H1B approved and paystub start date?
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          looking for good/genuine consultancy for H1 visa

          Hi can you please let me know consultancy name who applied ur H1 visa. i am currently on H4 visa.


          Originally posted by anya02 View Post
          Hi,

          It will be great help if I can get some advice on below query.

          I came to US in 2014 on h4 and then in 2015 I have applied H1B through two consultants, fortunately I got both of them picked in lottery.
          I thought if one will be approved I will get another withdrawl, but both the visa got RFE at the same time, So I was not sure which one to choose.

          Then on 19th of Nov, 2015 one of my visa got approved and I talked to my consultant but My consultant said they don't have any project right now, asked me too wait, I waited for one month and they didn't found any project, they asked me to pay for my 1st paystub. I didn't pay anything to get paystub.

          Now on Jan 5, I got my another H1B approved, this company B is very genuine and process oriented and I want to join them.

          My question is, if I join Company B, and company A withdraws my H1B then what will be impact on my status, will I be out of status?

          If Yes, then what best can I do to maintain my status ?

          Please suggest.

          Comment

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