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plzHelp
07-21-2010, 07:10 PM
I am in the US on H1b for one and half year now. My company couldn’t get me placed anywhere, so no pay stubs. I got married in the US while on H1B. I have been outside US several times and re entered didn’t have a problem at the port of entry. Recently I found out that I am out of status.
I didn’t know about being “out of status”. I thought I could be in US as long as I have a valid visa. Prior to coming on H1B, I have come to US on business visa (B1) sponsored by my previous company and never over stayed. I still have B1 visa valid for another eight years.
My present company never told me that I am out of status. I had paid for my H1B processing; they took it as a security deposit and agreed to pay back when I come to US and start working.

Some questions I have are
1. I am planning to go back to my home country to apply for H4 visa and tell the consulate officer the truth that I wasn’t aware about being out of status. Will that be good enough, or should I inform the DOL before leaving US to get back in status?
2. I have SSN and I had filed tax jointly with my husband and shown my income as NIL. Do I need to cancel my SSN before leaving US?
3. My company never mentioned they will pay me when I am without project. Is it mandatory they have to pay even when the employee is not on any project?

Thanks

joydiptac
07-21-2010, 08:31 PM
If you overstay greater than 180 days, then you may have a mandatory bar on re-entry. After 1 year it is a 10 year bar. The bars are triggered as soon as you step outside the country.

See if you can get a H1B extension filed (special case some "trunc quo pro" or something like that) -Should talk to a lawyer.
That would be the cleanest way to get out of this mess.

plzHelp
07-22-2010, 10:50 AM
I thought the bar applies if one over stays after the I94 expires. Both my visa and I94 has not expired yet.

DSLStart
07-22-2010, 10:58 AM
Project or no project your company is legally obliged to pay you for all the time as long as you are their employee. You can threaten your employer about filing a law suit or complaining to DOL against them for not paying you for all this time. They might pay you and give you all the pay stubs to keep you in status.

I am in the US on H1b for one and half year now. My company couldn’t get me placed anywhere, so no pay stubs. I got married in the US while on H1B. I have been outside US several times and re entered didn’t have a problem at the port of entry. Recently I found out that I am out of status.
I didn’t know about being “out of status”. I thought I could be in US as long as I have a valid visa. Prior to coming on H1B, I have come to US on business visa (B1) sponsored by my previous company and never over stayed. I still have B1 visa valid for another eight years.
My present company never told me that I am out of status. I had paid for my H1B processing; they took it as a security deposit and agreed to pay back when I come to US and start working.

Some questions I have are
1. I am planning to go back to my home country to apply for H4 visa and tell the consulate officer the truth that I wasn’t aware about being out of status. Will that be good enough, or should I inform the DOL before leaving US to get back in status?
2. I have SSN and I had filed tax jointly with my husband and shown my income as NIL. Do I need to cancel my SSN before leaving US?
3. My company never mentioned they will pay me when I am without project. Is it mandatory they have to pay even when the employee is not on any project?

Thanks

cbpds
07-22-2010, 04:25 PM
how can he get H1 extn if he is not paid till date and did not have a job ??