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What is Status?

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  • What is Status?

    Dear Friends ,

    I am refering to this
    link.

    I Understand ..
    If the Employer doesnot pay while I am on Bench, I will be risking the loss of Status and Future Immigration Benefits.

    Now, What does Status Refer to ..

    Thanks in Advance, Sapient

  • #2
    For H1 holders, maintaining status refers to "getting paid all the time" in accordance with the underlying Labor Condition Application (LCA). Your employer must pay you all the time at least the amount shown on the LCA as offered wage. The offered wage must be at least equal to the prevailing wage as determined by the U.S. Department of Labor for your profession/position. By signing the LCA, the employer certifies that you as the beneficiary will get paid ALL THE TIME, project or not.

    Not getting paid on H1 = Out of Status.

    At the I-485 stage on the GC process, any out of status period is looked for by USCIS. And, the W2 (or tax returns) speaks out loud of any out of status period.

    This is my opinion.
    Check out H1 FAQs first!
    http://www.immihelp.com/visas/h1b/h1-visa-faq.html

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