New H1B - Out of status question

[chapsi29]

Hi all,

I got my H1B approved in the lottery this year and it is effective Oct 1, 2007. My company has not asked me to report to work as yet and I have not been paid so far. I have applied for I-485/EAD along with my spouse and am waiting for the EAD. Should be arriving very soon.

I would like to know how much time I have before I need to start working on H1B so that I don't lose my H1B status. I am hearing 60 days from some ppl. Is that true ? Also assuming I start working from Dec 1st, do I need to get paid retroactively for the time missed (10/1-12/1) to avoid any problems with my 485.

Thanks

[swamy]

there are no set days to my knowledge - only that the employer-employee relationship must exist whether you get paid or not.

[chakdepatte]

but you need to be employed with the same employer i guess. on stamping, they questioned me hard on why i was going on my H1 with only 3-4 months left on it.

All the best.

[chapsi29]

Swamy - Can you explain what you mean my "Exmployer - Employee relationship" ? I have not reported to work at all and all I have is a I-797 and related paper work. I am not planning to change employers.

Thanks

[chapsi29]

Another update from yesterday - I got my EAD approval notice and so expecting my EAD card in a couple of days. So as far as the "Out of Status" part is concerned, I guess I can switch to EAD immediately if I find out my H1B has expired ? Is that true ?

How long does it take to switch to EAD once I file the I-9 form ?

Thanks

[imiuser]

Thanks to anyone who might respond
Urgent help needed.I need to answer my RFE before July 1st 2009

I concurrently filed 140 and I485 in Aug 2007 under EB2 category along with my spouse
My wife was on h1 which is effective Oct 1, 2006. She started working only from July 2007 and has not been paid for 9 months.Now we got 485 query for my wife asking for the violation period of 9 months

what are the different options to come out from this query . What are chances to not getting aproval of my GC and my wife’s GC

[desi3933]

Originally Posted by imiuser

My wife was on h1 which is effective Oct 1, 2006. She started working only from July 2007 and has not been paid for 9 months.Now we got 485 query for my wife asking for the violation period of 9 months.

What was her date of last entry into the USA?


.

[saileshdude]

Originally Posted by imiuser

Thanks to anyone who might respond
Urgent help needed.I need to answer my RFE before July 1st 2009

I concurrently filed 140 and I485 in Aug 2007 under EB2 category along with my spouse
My wife was on h1 which is effective Oct 1, 2006. She started working only from July 2007 and has not been paid for 9 months.Now we got 485 query for my wife asking for the violation period of 9 months

what are the different options to come out from this query . What are chances to not getting aproval of my GC and my wife’s GC

I just sent you a PM.

[imiuser]

Date of last entry Sept 2008, which is after filing her 485.

[imiuser]

She did not get her SSN for 6 months afterwards she did not get the project for 3 months.Can we submit 9 month unpaid leave of absense.

[desi3933]

Originally Posted by imiuser

Date of last entry Sept 2008, which is after filing her 485.

Was that on H1/H4 visa or AP?

Also, what are the employment dates put-in the employment history form (part of I-485)?

Lack of SSN number is not an acceptable excuse to work. As long as one has applied for SSN and has valid employment authorization, one can work.


__________________
Not a legal advice.

[saileshdude]

Originally Posted by imiuser

She did not get her SSN for 6 months afterwards she did not get the project for 3 months.Can we submit 9 month unpaid leave of absense.

What employment dates did you write on I-485 form for your spouse. Did you write July 2007 or Oct 2006. You should have written Oct 2006 since that was the time she came on H1. If you wrote July 2007 then that explains why you got this query in first place.

[desi3933]

Originally Posted by snathan

Absence of SSN No Excuse for H1B Wage Obligations
...................

SNathan -

It may not be a good idea to copy text from attorney web-sites without their permission. You should consider writing summary in your wordings and provide a link to the source.

My 2 cents.

[shana04]

Originally Posted by saileshdude

What employment dates did you write on I-485 form for your spouse. Did you write July 2007 or Oct 2006. You should have written Oct 2006 since that was the time she came on H1. If you wrote July 2007 then that explains why you got this query in first place.

This is a very good point, what dates did you write

Originally Posted by imiuser

Date of last entry Sept 2008, which is after filing her 485.

To my knowledge they can only ask status from your last entry (and as per your previous post she was working from 2007)

but check with your attorney.

[imiuser]

sailesh , What ever you said is correct.We did mention that start date as July 2007 mistakenly and got this query in first place.We don't hav eany medical reason for that 9 months period.Is there any posibility if i get any Leave of absence letter from employer for personel reasons.

Santhan, thanks for your valuable information.After getting this RFE we cam to know that SSN can not be valid reason .Can you provide any solution now after knowing all these law information.How else can I/or my employer can support my case.