H4 to H1 Transfer and No Job / No Pay for 18 months.

[ritac01]

Hello,

I came to the US on H4.

A company sponsored my H1B which got approved in 2008 July. The company then asked me to get a Social Security Number which I did and duely received. They also sent me a 797 for this H1 approval. However; I never went ahead with getting the H1 visa done.

Meantime, this company has not found me a position for till Dec 2009 (18 months now!). At this time I am not sure which visa I am on. The company tells me that I am on H1, but I have never been paid by them for 18 months and have no pay stubs either.

I believe I am still on H4, but I need advice to know what I should do.

Please help! This is very important to me. Will truly appreciate a response on this!

Thanks.

[shervin143]

If your H1B was a COS from H4 (Meaning, if the approval notice came with a new I-94), then you are no longer in H4 anymore. In which case, you are in a big trouble for being out of status for the last 18 months. You need to consult a good immigration lawyer.

If your company did not revoke the H1B petition yet, then you should complain to DOL and make them pay. Go through the below links and understand your rights and responsibilities as a H1B holder.

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/

[ritac01]

Shervin - Thanks very much. Here is the complete additional information:

Hello,

I came to the US on H4. A company sponsored my H1B which got approved in 2008 July. The company then asked me to get a Social Security Number which I did and duely received. They also sent me a 797 for this H1 approval. However; I never went ahead with getting the H1 visa done.

Meantime, this company has not found me a position for till Dec 2009 (18 months now!). At this time I am not sure which visa I am on. The company tells me that I am on H1 through change of status, but I have never been paid by them for 18 months and have no pay stubs either.

Additional information: I have an H4 valid until April 2009, but when I came in they gave me I-94 until April 2009. After that the company gave me I-94 valid until Sep 2011 (for the H1B). Also my husband got a job change and new H1B which resulted in another I-94 valid until April 2011.

As of now the employer has not revoked my H1B. Given that 18 months have passed, can I still report the employer to DOL - according to the link https://www.immihelp.com/h1b-visa-em...int-procedure/ this must be within 1 year?

Regards

[shervin143]

This looks like a COS to H1B. Like mentioned earlier, please consult a immigration attorney since you have been out of status for the last 18 months.

Shervin - Thanks very much. Here is the complete additional information:

Hello,

I came to the US on H4. A company sponsored my H1B which got approved in 2008 July. The company then asked me to get a Social Security Number which I did and duely received. They also sent me a 797 for this H1 approval. However; I never went ahead with getting the H1 visa done.

Meantime, this company has not found me a position for till Dec 2009 (18 months now!). At this time I am not sure which visa I am on. The company tells me that I am on H1 through change of status, but I have never been paid by them for 18 months and have no pay stubs either.

Additional information: I have an H4 valid until April 2009, but when I came in they gave me I-94 until April 2009. After that the company gave me I-94 valid until Sep 2011 (for the H1B). Also my husband got a job change and new H1B which resulted in another I-94 valid until April 2011.

As of now the employer has not revoked my H1B. Given that 18 months have passed, can I still report the employer to DOL - according to the link https://www.immihelp.com/h1b-visa-em...int-procedure/ this must be within 1 year?

Regards