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  #1 (permalink)  
Old 12-05-2006, 02:37 AM
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epohwen is on a distinguished road
Default [Please Help] H1-B approved, but no project yet

Hi, this is my first posting. Thank god I found this site.

I had been in US with F-1 status until I got H1-B. My H1-B has been approved 10/25/2006, but my employer couldn't find a project for me yet. Of course, I've never been paid yet. Here are my questions.

1. Is my status legal ? Some posting says that there seems to be 60 days 'bench period', is it right ?

2. If I find another sponsor, can I transfer my H1B without any paid check slips ?

3. What is my best option to stay in US legally ?

Thanks in advance.
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  #2 (permalink)  
Old 12-05-2006, 02:49 AM
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There is no such concept as "benching period" defined in H1 law. It is a dishonest practise followed by unscrupulous employers. Strictly speaking, the moment you stop getting paid you are out of status. Your best bet is to find another sponsor and transfer asap. I am not sure they ask for prior pay-stubs during transfer, but they are almost certain to ask for it during visa stamping.
Quote:
Originally Posted by epohwen
Hi, this is my first posting. Thank god I found this site.

I had been in US with F-1 status until I got H1-B. My H1-B has been approved 10/25/2006, but my employer couldn't find a project for me yet. Of course, I've never been paid yet. Here are my questions.

1. Is my status legal ? Some posting says that there seems to be 60 days 'bench period', is it right ?

2. If I find another sponsor, can I transfer my H1B without any paid check slips ?

3. What is my best option to stay in US legally ?

Thanks in advance.
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  #3 (permalink)  
Old 12-05-2006, 03:02 AM
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Default

Quote:
Originally Posted by dixie
There is no such concept as "benching period" defined in H1 law. It is a dishonest practise followed by unscrupulous employers. Strictly speaking, the moment you stop getting paid you are out of status. Your best bet is to find another sponsor and transfer asap. I am not sure they ask for prior pay-stubs during transfer, but they are almost certain to ask for it during visa stamping.
Is it ok if my employer finally find a project sooner or later and start to pay me in the near future ?

My concern is that I've read a posting that they asked for at least two prior pay-stubs during transfer. Is there anyone who have successfully transfered without pay-stubs ?

Thanks.
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  #4 (permalink)  
Old 12-05-2006, 04:11 AM
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perm2gc will become famous soon enough perm2gc will become famous soon enough
Default

Quote:
Originally Posted by epohwen
Is it ok if my employer finally find a project sooner or later and start to pay me in the near future ?

My concern is that I've read a posting that they asked for at least two prior pay-stubs during transfer. Is there anyone who have successfully transfered without pay-stubs ?

Thanks.
All most all the cases of H1B transfer are required alteast 3 months pay slips for the transfer.Even if you dont submit,they will send you a RFE asking for paystubs.Your best bet is to find a job with different employer and explain him your situation.
__________________
Remember, remember always, that all of Americans... are descended from immigrants and revolutionists
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  #5 (permalink)  
Old 12-05-2006, 08:12 AM
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epohwen is on a distinguished road
Default

Quote:
Originally Posted by perm2gc
All most all the cases of H1B transfer are required alteast 3 months pay slips for the transfer.Even if you dont submit,they will send you a RFE asking for paystubs.Your best bet is to find a job with different employer and explain him your situation.
So do I have to work at least three months before I transfer ? Then, technically it is impossible to transfer without paystubs, doesn't it ?
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  #6 (permalink)  
Old 12-05-2006, 03:39 PM
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srikondoji is a glorious beacon of light srikondoji is a glorious beacon of light srikondoji is a glorious beacon of light srikondoji is a glorious beacon of light srikondoji is a glorious beacon of light
Arrow Here is the info from USCIS official

Quote:
Originally Posted by epohwen
Is it ok if my employer finally find a project sooner or later and start to pay me in the near future ?

My concern is that I've read a posting that they asked for at least two prior pay-stubs during transfer. Is there anyone who have successfully transfered without pay-stubs ?

Thanks.
You can do H1-B transfer as soon as you get your H1-B approved without SSN, pay stubs. This is tricky though.

YOu should initiate this transfer before you are entered in a pay roll at the existing employer and to be on the safe side within the first month of your H1-B approval.
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  #7 (permalink)  
Old 12-05-2006, 05:02 PM
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abcdefgh is on a distinguished road
Default opt

Opt Is The Way To Go. Though You Can APPLY FOR Opt Until Two Months(60 DAYS) After Your Graduation. If You Are Gradtated More Than Two Months Ago You Can Not Apply For Opt.

Other Option, If You Really Want To Get Opt And You Are Graduated Before More Than 60 Days, My Suggestion Would Be To Get An Admission Again And Then Reapply For Opt After Nine Months.
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  #8 (permalink)  
Old 12-05-2006, 05:34 PM
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perm2gc will become famous soon enough perm2gc will become famous soon enough
Default

Quote:
Originally Posted by epohwen
So do I have to work at least three months before I transfer ? Then, technically it is impossible to transfer without paystubs, doesn't it ?
You can always apply for H1B transfer but the problem comes when you get a RFE notice regarding paystubs.You talk to other consulting companies and sure you will find a way.
__________________
Remember, remember always, that all of Americans... are descended from immigrants and revolutionists
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  #9 (permalink)  
Old 12-05-2006, 05:57 PM
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Default

Quote:
Originally Posted by abcdefgh
Opt Is The Way To Go. Though You Can APPLY FOR Opt Until Two Months(60 DAYS) After Your Graduation. If You Are Gradtated More Than Two Months Ago You Can Not Apply For Opt.

Other Option, If You Really Want To Get Opt And You Are Graduated Before More Than 60 Days, My Suggestion Would Be To Get An Admission Again And Then Reapply For Opt After Nine Months.
Bud,

Why does every first letter has to be capital? It looks awkward and difficult to read. If you want to underscore something just write in bold.
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  #10 (permalink)  
Old 12-05-2006, 06:08 PM
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Default

1. Is my status legal ? Some posting says that there seems to be 60 days 'bench period', is it right ?

You are saying that your H1b is approved. So you are on H1b status. Nothing like bench period exists in the books.

2. If I find another sponsor, can I transfer my H1B without any paid check slips ?

H1 transfers will require pay stubs.

3. What is my best option to stay in US legally ?

You are legal currently. Get a job.

What have you done for the whole year of your OPT? Did you work? Post with specific dates of you status like when you graduated, when your OPT started etc for people to answer more efficiently.
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  #11 (permalink)  
Old 12-05-2006, 06:28 PM
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Default Just find a project and start working

Rather than trying to jump ships, try to find projects and heed the advice of your employer on the best way to find it. He/she too has an interest in finding you a project. However, you can help yourself by looking for project on your own and then referring the client to your employer.

Dice.com will have most jobs that accept third-party or second party contracts for projects. Monster.com is more for the permenant fulltime jobs. But for consulting jobs, Dice.com would have most positions. BE OPEN to various skills that may be required at different projects and be prepared to learn them quickly.

Also, the market is good right now and you should find something easily. Dont worry too much and just concentrate on finding your first project.
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  #12 (permalink)  
Old 12-05-2006, 10:00 PM
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Default

Quote:
Originally Posted by epohwen
Hi, this is my first posting. Thank god I found this site.

I had been in US with F-1 status until I got H1-B. My H1-B has been approved 10/25/2006, but my employer couldn't find a project for me yet. Of course, I've never been paid yet. Here are my questions.

1. Is my status legal ? Some posting says that there seems to be 60 days 'bench period', is it right ?

2. If I find another sponsor, can I transfer my H1B without any paid check slips ?

3. What is my best option to stay in US legally ?

Thanks in advance.
You must try hard to find a project at this time so that you can get a few pay stubs. once you get your pay stubs you can then think about H1B transfer. As logiclife said, try on dice or monster sites. BTW on dice banner ads you will find my smiling face as Mr. Singh from Texas. They took my picture as it was very Indian and advertised it with a changed name
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  #13 (permalink)  
Old 12-05-2006, 11:34 PM
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Ask your employer to run payrole from anytime after your h1 approval date -You bear/ask employer to bear that tax money to run payrole and you will get most of it in returns as it is small amount.
I heard no problem even if u have break in paystubs in middle.
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  #14 (permalink)  
Old 12-08-2006, 01:01 AM
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Thanks for the advice. I need to find a project ASAP.
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  #15 (permalink)  
Old 12-08-2006, 05:07 PM
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MrWaitingGC is on a distinguished road
Default As long as your employer says you are employed with him

Dont worry.

According US..website as long you have employer and employee relation ship then you are legally allowed to stay. That means you are NOT out of status.

These initial days can be given reasons saying I requested Joining time. And no body will questions about this.

As others mentioned find a Job quickly Once your payroll starts then make sure payroll doesnt break.

I have seen many people will not get Job till March i,e they will be without pay From October-March. So you are not alone.

GoodLuck
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