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DOL 30/60 Day Rule for H-1B

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  • DOL 30/60 Day Rule for H-1B

    Hi

    My H-1B visa has been effective from 1st October, 2011 but I have not been able to start work as my employer wanted my SSN to be in place before I joined them.

    I reached the US in November and still havnt started work as SSN took time. Would I qualify for pay under non-productive time as I have been in the US for more than 30 days?
    Thanks!

  • #2
    USCIS doesn't buy any of these rules. Anytime spend in U.S in H1B status without a valid pay check is considered as out of status by USCIS and it will cause issues. Not having an SSN is not a valid reason for not working and getting paid. You should still be working and the employer can pay the salary once you receive the SSN. Ultimately, your W2 by the end of the year should match your LCA. It hardly takes 20-30 days to get the SSN. Did you check with the SSA office why it is taking more time than usual? Did you file it late?
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      DOL 30/60 Day Rule for H-1B

      Hey

      Thanks for the response. I have received my SSN now but since its holiday period, my company will start me next month. I asked them to start me early and pay later but apparently its against their policy - so basically I could not do anything about it.

      I guess I am out of status right now but not by choice. Hoping that I start soon and getting paid for there 2 months is not a priority for me. Just wanted to check what to expect based on the rule.

      Thanks!


      Originally posted by shervin143 View Post
      USCIS doesn't buy any of these rules. Anytime spend in U.S in H1B status without a valid pay check is considered as out of status by USCIS and it will cause issues. Not having an SSN is not a valid reason for not working and getting paid. You should still be working and the employer can pay the salary once you receive the SSN. Ultimately, your W2 by the end of the year should match your LCA. It hardly takes 20-30 days to get the SSN. Did you check with the SSA office why it is taking more time than usual? Did you file it late?

      Comment


      • #4
        Hi Shervin

        As a follow-up to my previos post, would appreciate if you comment on a couple of more question:

        1) Am I within my right to ask for compensation as the company asked me not to report for work even though I had made myself available! I have emails to prove that.

        2) In case of an enquiry, who is liable for this lapse? Will USCIS/DOL put the blame on me or the employer?

        And since I am out of status currently, I will probably ask compnay attorneys to looks into that as well after joining!!

        Thanks!



        Originally posted by shervin143 View Post
        USCIS doesn't buy any of these rules. Anytime spend in U.S in H1B status without a valid pay check is considered as out of status by USCIS and it will cause issues. Not having an SSN is not a valid reason for not working and getting paid. You should still be working and the employer can pay the salary once you receive the SSN. Ultimately, your W2 by the end of the year should match your LCA. It hardly takes 20-30 days to get the SSN. Did you check with the SSA office why it is taking more time than usual? Did you file it late?

        Comment


        • #5
          1) Am I within my right to ask for compensation as the company asked me not to report for work even though I had made myself available! I have emails to prove that.
          >>> Yes.

          2) In case of an enquiry, who is liable for this lapse? Will USCIS/DOL put the blame on me or the employer?
          >>> If you complaint to DOL, then they will take action and make your employer pay. That will put you back in status. If you have a copy of the complaint, then you are good in case of an enquiry or when you attend the visa interview. If not, you are responsible for being out of status knowing that you need to be working and getting paid in H1B, but not following it.
          Check these links
          https://www.immihelp.com/h1-visa-holder-rights/
          https://www.immihelp.com/h1-visa-hol...ponsibilities/
          Not a legal advice. Use of this information is strictly at your own risk.

          Comment


          • #6
            DOL 30/60 Day Rule for H-1B

            Thank you - appreciate that!

            Comment

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