H1-B to H4 without pay slips for 1 yr

[chethu]

Hello All,

I am in critical situation advice me ASAP.

I came to USA in June 2007 on H4 Visa Status Valid until Sep 2009.
Got H1B approval and my employer filed for change of status I-797 ( H4-H1B).in the month of MARCH 2008. Got SSN in the month of April 2008.
My employer didn't place me in any of the project and not even pay me anything since 1 yr.
Recently my husband got his H1B Transfer and extended until sep 2011.
When my husband applied for his transfer I didn't apply for H4 as I am on H1-B Status.

Now I came to know that I should not live in US more than 1yr with out any Pay stubs .
So I am Planning to go India and get back to H4 visa.
1. So what are the different scenarios to get the H4 Visa ?

2. Will the US consulate people ask about my H1 payslips and all when I go for H4 Visa stamping?

3. I don't have any payslips anything so will i get H4?

4. Can I make a complaint to INS labor on my employer and keep the complaint safe side when I go to US consulate?

5. Should I mention about my H1-B or just wait until the US consulate people ask about my H1B?

6. When I applying for H4 if the US Consulate people ask me about my H1 like U have H1b valid until 2010, then why do you come for H4 what should I Reply?


Recently I came to know my employer is having few cases pending on his Company and he started a new company B on same address where my company A has exist.

So could any one please help me in this situation.
Thanks in advance
Chethu

[krishnam70]

Hello All,

I am in critical situation advice me ASAP.

I came to USA in June 2007 on H4 Visa Status Valid until Sep 2009.
Got H1B approval and my employer filed for change of status I-797 ( H4-H1B).in the month of MARCH 2008. Got SSN in the month of April 2008.
My employer didn't place me in any of the project and not even pay me anything since 1 yr.
Recently my husband got his H1B Transfer and extended until sep 2011.
When my husband applied for his transfer I didn't apply for H4 as I am on H1-B Status.

Now I came to know that I should not live in US more than 1yr with out any Pay stubs .
So I am Planning to go India and get back to H4 visa.
1. So what are the different scenarios to get the H4 Visa ?

2. Will the US consulate people ask about my H1 payslips and all when I go for H4 Visa stamping?

3. I don't have any payslips anything so will i get H4?

4. Can I make a complaint to INS labor on my employer and keep the complaint safe side when I go to US consulate?

5. Should I mention about my H1-B or just wait until the US consulate people ask about my H1B?

6. When I applying for H4 if the US Consulate people ask me about my H1 like U have H1b valid until 2010, then why do you come for H4 what should I Reply?


Recently I came to know my employer is having few cases pending on his Company and he started a new company B on same address where my company A has exist.

So could any one please help me in this situation.
Thanks in advance
Chethu

Being on H1 and not getting paid.
-- How did you file taxes?

You should get your employer to do back wages and issue you W2 so you can amend taxes to show your income. There is a very high probability that you will be denied change over in to H4 in the current state. Check with your attorney for further options

- cheers
kris

[rockstart]

Being on H1 and not paid even for 1 day is considered as "Out Of Status". I think you should talk to your employer to pay you back wages and then convert back to H4 to make sure you are in valid status.

[bestofall]

Hello All,

I am in critical situation advice me ASAP.

I came to USA in June 2007 on H4 Visa Status Valid until Sep 2009.
Got H1B approval and my employer filed for change of status I-797 ( H4-H1B).in the month of MARCH 2008. Got SSN in the month of April 2008.
My employer didn't place me in any of the project and not even pay me anything since 1 yr.
Recently my husband got his H1B Transfer and extended until sep 2011.
When my husband applied for his transfer I didn't apply for H4 as I am on H1-B Status.

Now I came to know that I should not live in US more than 1yr with out any Pay stubs .
So I am Planning to go India and get back to H4 visa.
1. So what are the different scenarios to get the H4 Visa ?

2. Will the US consulate people ask about my H1 payslips and all when I go for H4 Visa stamping?

3. I don't have any payslips anything so will i get H4?

4. Can I make a complaint to INS labor on my employer and keep the complaint safe side when I go to US consulate?

5. Should I mention about my H1-B or just wait until the US consulate people ask about my H1B?

6. When I applying for H4 if the US Consulate people ask me about my H1 like U have H1b valid until 2010, then why do you come for H4 what should I Reply?


Recently I came to know my employer is having few cases pending on his Company and he started a new company B on same address where my company A has exist.

So could any one please help me in this situation.
Thanks in advance
Chethu


http://immigrationvoice.org/wiki/index.php/RIGHTS_OF_H1B/REPORT_ABUSE/REPORT_FRAUD
Don’t Get Stuck on the Bench – Your Rights as an H-1B Worker

The skilled temporary worker visa, also known as the H-1B visa, allows foreign nationals with advanced skills to hold jobs in the United States. The top H-1B issuing posts in the world are Chennai, New Delhi and Mumbai, and Hyderabad will probably join these three soon. While the vast majority of H-1B employers and employees are responsible users of the program, there are some that engage in fraudulent and unfair practices. Please review your rights and responsibilities as an H-1B worker, and make sure you protect yourself and your family from financial or legal difficulties.

You have the following rights as an H-1B worker:

You must be paid at least the prevailing wage, as listed on your Labor Condition Application (LCA) form. This, in turn, must be the same rate your employer pays other workers with similar experience and qualifications, without regard to nationality. You must not be “benched,” or have a reduced or suspended wage for non-productive time caused by the employer, or by the lack of a license or permit. You must receive the same fringe benefits on the same basis as offered to American employees. Your employer may not require you to pay, either directly or indirectly, any part of the petition filing fee, administrative fees, attorney fees or any other costs related to the petition. You must not be required to pay a financial penalty for leaving the employer before a date set in the employment contract. You should receive the same working conditions (such as hours, shifts, vacations, etc.) on the same basis and criteria as provided to similarly employed U.S. workers. Your employer must keep records of the hours you work and the wages you are paid. You should keep your own records as well. Your employer may not intimidate, threaten, discharge or otherwise discriminate against any employee, former employee or job applicant for disclosing possible H-1B violations or for cooperating in a compliance investigation. You have the following responsibilities as an H-1B worker:

You must provide truthful and correct qualification documents, such as degrees and experience letters, to immigration authorities throughout the visa process. You should be alert for any possible violations of your rights, as well as violations against colleagues or contacts in the U.S., and avoid those employers. If you leave your employer, regardless of who terminated the relationship, you should leave the United States unless you have filed for H-1B status with a new employer. You may not enter the United States more than 10 days prior to the petition validity date. You must follow U.S. laws and regulations while in the United States. Your spouse and other H-4 dependents may not work while in the United States.

[snathan]

Hello All,

I am in critical situation advice me ASAP.

I came to USA in June 2007 on H4 Visa Status Valid until Sep 2009.
Got H1B approval and my employer filed for change of status I-797 ( H4-H1B).in the month of MARCH 2008. Got SSN in the month of April 2008.
My employer didn't place me in any of the project and not even pay me anything since 1 yr.
Recently my husband got his H1B Transfer and extended until sep 2011.
When my husband applied for his transfer I didn't apply for H4 as I am on H1-B Status.

Now I came to know that I should not live in US more than 1yr with out any Pay stubs .
So I am Planning to go India and get back to H4 visa.
1. So what are the different scenarios to get the H4 Visa ?

2. Will the US consulate people ask about my H1 payslips and all when I go for H4 Visa stamping?

3. I don't have any payslips anything so will i get H4?

4. Can I make a complaint to INS labor on my employer and keep the complaint safe side when I go to US consulate?

5. Should I mention about my H1-B or just wait until the US consulate people ask about my H1B?

6. When I applying for H4 if the US Consulate people ask me about my H1 like U have H1b valid until 2010, then why do you come for H4 what should I Reply?


Recently I came to know my employer is having few cases pending on his Company and he started a new company B on same address where my company A has exist.

So could any one please help me in this situation.
Thanks in advance
Chethu

You are already doomed. You can not sit in bench without salary even for one day. You are already out of status for one Year. Now you can not even change your status back to H4. To change the status you need to prove that you are in status. The only possible way out of this situation is, your employer must run the pay roll for the whole year and you need to get paid and file your tax. You have very limited time for that. You can not change your status simply going out of the country and coming back. Becuse you are already out of status for about a year. I dont think ther is any other option. By the way are you really educated...:mad:

One of my colleague is doing the same thing. Basically he is a dump a$$ in office also. He filed his wife's H1B through some desi consultancy and she is sitting in bench for six months with out pay. I tried to educate that idiot as much as possible. He is response is, come one its not a problem every one doing that and his consultant says its OK to be without pay. What to do with this kind of idiots.

[chanduv23]

Folks - don't sit on bench. An employer cannot bench you without pay. It is always a good thing to look for new job or projects and move on.

[cinqsit]

[...]

Recently I came to know my employer is having few cases pending on his Company and he started a new company B on same address where my company A has exist.

So could any one please help me in this situation.
Thanks in advance
Chethu

You should get advice from a immigration attorney.

But on a another note why would your employer start a new company on the same address as the previous ...sounds very fishy.... may be to get around some immigration/tax hurdles he faced in the past ???!!! - its because of employers like this that others have to endure endless checks and scrutiny - its so disgusting

[Marphad]

Hello All,

I am in critical situation advice me ASAP.

...

Thanks in advance
Chethu

Your case is complicated and risky. I would suggest to contact attorney.