Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

H1 to H4

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • H1 to H4

    Hi....My employer filed for H1 and after 3 months on H1 and having got no Job I filed for H4 without my employers consent.

    I had to bear 50% of my H1 fee, now they are asking for the remaining which I am willing to pay.

    I have no SSN.

    Can the employer be troublesome even after paying the remaining amount?

  • #2
    It is illegal for the employer to ask you to pay the H1B fees. Also, when you are in H1B status, irrespective of whether the employer is able to find you work or not, they are suppose to pay you as per the approved LCA. If not, you are considered to be out of status on H1B and a COS to H4 or any other status may not work. Also, it may cause issues later when you go for visa stamping or when yuo file your GC. You should complaint to DOL and make the employer pay to reinstate your status. Check the below links.

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


    • #3
      Originally posted by shervin143 View Post
      It is illegal for the employer to ask you to pay the H1B fees. Also, when you are in H1B status, irrespective of whether the employer is able to find you work or not, they are suppose to pay you as per the approved LCA. If not, you are considered to be out of status on H1B and a COS to H4 or any other status may not work. Also, it may cause issues later when you go for visa stamping or when yuo file your GC. You should complaint to DOL and make the employer pay to reinstate your status. Check the below links.

      https://www.immihelp.com/h1b-visa-em...int-procedure/
      https://www.immihelp.com/h1-visa-holder-rights/
      https://www.immihelp.com/h1-visa-hol...ponsibilities/
      That is correct. But I dont have a SSN?? So he cant run a payrol..

      Comment


      • #4
        Why were you not able to get the SSN even after 3 months on H1B? It hardly takes 3 weeks to get the SSN. The employer should generate back dated pay slips when you get the SSN. Go to the nearby SSA office and talk to them.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Originally posted by shervin143 View Post
          Why were you not able to get the SSN even after 3 months on H1B? It hardly takes 3 weeks to get the SSN. The employer should generate back dated pay slips when you get the SSN. Go to the nearby SSA office and talk to them.
          I can understand....but the thing is...as soon as I got my H1 within 10 days i applied for a H4.

          Comment


          • #6
            Well, that is not an excuse. It takes about 2 months to get the H4 processed. You should have applied for the SSN immediately upon receiving the H1B petition. You mentioned in your first post that you were in H1 for 3 months? What were you doing in H1B for 3 months without caring to apply for the SSN. It was just you negligence. When you have filed a COS to H4 within 10 days of H1B approval, why did you keep working for the employer? Some information doesn't seem right here. I suggest you consult an attorney.

            Originally posted by techtech51 View Post
            I can understand....but the thing is...as soon as I got my H1 within 10 days i applied for a H4.
            My employer filed for H1 and after 3 months on H1 and having got no Job I filed for H4 without my employers consent.
            Last edited by shervin143; 05-15-2012, 08:41 PM.
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment


            • #7
              Originally posted by techtech51 View Post
              I can understand....but the thing is...as soon as I got my H1 within 10 days i applied for a H4.
              lol

              Comment

              {{modal[0].title}}

              X

              {{modal[0].content}}

              {{promo.content}}

              Working...
              X