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  #1 (permalink)  
Old 05-15-2009, 01:10 PM
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rr20 is infamous around these parts rr20 is infamous around these parts rr20 is infamous around these parts
Question Urgent Help needed - H1

Hi,
I was on a H4 visa and had applied for H1 through a consultancy. I got my H1 approved in 2008 and was hence eligible to start work for the employer from Oct 1. I got my SSN number also. But, I did not get a suitable project till April 2009 and hence do not have any pay stubs. I do not have H1 stamp on my passport. I am back in india since April 1st week of 2009. They asked me to provide them letter saying that I am not available for relocation and hence am not being paid during the period i am in US. Below are my queries:
1) Can I go back to US on H1?
2) Can I get H1 transfer? Should I ask my employer to cancel my H1?
3) Was my stay at US illegal? I had givenm my employer a letter for a long personal leave.
4) Can I go to US on a B1? I have a Business visa too.
5) Can I do a B1 to H1 transfer?


Thanks in advance,
RR
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  #2 (permalink)  
Old 05-15-2009, 01:18 PM
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Quote:
Originally Posted by rr20 View Post
Hi,
I was on a H4 visa and had applied for H1 through a consultancy. I got my H1 approved in 2008 and was hence eligible to start work for the employer from Oct 1. I got my SSN number also. But, I did not get a suitable project till April 2009 and hence do not have any pay stubs. I do not have H1 stamp on my passport. I am back in india since April 1st week of 2009. They asked me to provide them letter saying that I am not available for relocation and hence am not being paid during the period i am in US. Below are my queries:
1) Can I go back to US on H1?
2) Can I get H1 transfer? Should I ask my employer to cancel my H1?
3) Was my stay at US illegal? I had givenm my employer a letter for a long personal leave.
4) Can I go to US on a B1? I have a Business visa too.
5) Can I do a B1 to H1 transfer?


Thanks in advance,
RR
Yes...your stay was illegal - out of status. Once your H1 was approved your status changed to H1 and if you are not paid during H1B, simply you are out of status. Long leave does not hold water as lot of people doing this and USCIS is well aware of this.

The letter which you gave to your employer does not provide any protection either for you or your employer. The H1 norm is - no qualified worker available to do the job and hence the company is hiring you. But in your case its not true. Whether you are in project or not, you must be paid. Otherwise its simply illegal. There is no escape from this and you need to get your pay stubs. I am not sure about this - check with attorney. Once your H1B approved, your H4/B1 status is gone. You can not have two visa at the same time.

Basically you are doomed...the only possible fix is, ask your salary and pay slip. If you try something else it will just complicate the situation.
Otherwise call DOL and file a complaint. It will give the whistle blower protection. As you are alreay out of the country, I am not sure if its useful for you.

Good luck

Last edited by snathan; 05-15-2009 at 05:17 PM.
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  #3 (permalink)  
Old 05-15-2009, 01:29 PM
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Default

Quote:
Originally Posted by rr20 View Post
Hi,
I was on a H4 visa and had applied for H1 through a consultancy. I got my H1 approved in 2008 and was hence eligible to start work for the employer from Oct 1. I got my SSN number also. But, I did not get a suitable project till April 2009 and hence do not have any pay stubs. I do not have H1 stamp on my passport. I am back in india since April 1st week of 2009. They asked me to provide them letter saying that I am not available for relocation and hence am not being paid during the period i am in US. Below are my queries:
1) Can I go back to US on H1?
2) Can I get H1 transfer? Should I ask my employer to cancel my H1?
3) Was my stay at US illegal? I had givenm my employer a letter for a long personal leave.
4) Can I go to US on a B1? I have a Business visa too.
5) Can I do a B1 to H1 transfer?


Thanks in advance,
RR
I have couple of questions for you...

1. What were you doing for 7-8 months without pay stub.
2. Whats your real qualification and experience....

I am sure you might have inflated resume with 5-8 years of experience even though you are only good at web surfing. Do you at least know the difference between the Ethernet and USB port.

3. What was the compelling reason for your file H1B when you donít have the job and you are already in H4 in US.

- Simple greed.

4. Its only because of people like you...every one is getting bad name and there is no respect for real hard working people.

I wish you are doomed and bared from entering the US again. Anyway you are already doomed.

I request guys here not to provide any help to this person. She/He is entitled to go thru this and we are all getting bad name because people like this person.

Thanks for your understanding.
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  #4 (permalink)  
Old 05-15-2009, 03:38 PM
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1. If you have a valid H1 stamp, you can. But remember that at entry you are claiming that you have a valid intention to remain in H1 status.
2. You can get another H1 now without being counted for another H1-cap. (Thats what you mean by transfer, since you are now in India, right?)
3. Your stay was not illegal (assuming your extension of stay was approved), but you might be categorized as out of status during that period.
4. You can go in B1 visa or in H4 visa (if you have one), but again, at the time of entry you are supposed to have proper intentions as per the visa.
5. Yes. But again entry with B1 and next day trying to change to H1 can create a suspicion on your original intention.

Please check the laws regarding automatic "3 year" ban for reentry on 180 days of unlawful stay (for out of status also ???? not sure)

Quote:
Originally Posted by rr20 View Post
Hi,
1) Can I go back to US on H1?
2) Can I get H1 transfer? Should I ask my employer to cancel my H1?
3) Was my stay at US illegal? I had givenm my employer a letter for a long personal leave.
4) Can I go to US on a B1? I have a Business visa too.
5) Can I do a B1 to H1 transfer?


Thanks in advance,
RR

Last edited by morchu; 05-15-2009 at 05:30 PM.
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  #5 (permalink)  
Old 05-15-2009, 03:45 PM
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Snathan, her stay was not illegal.
Illegal stay means overstaying your I-94 period (period of stay authorized by the Attorney General). I assume her change of status to H1 was approved (I94 attached in H1 approval notice)

She might have been "out of status", but not "illegal stay". Both are different things.

Quote:
Originally Posted by snathan View Post
Yes...your stay was illegal.
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  #6 (permalink)  
Old 05-15-2009, 03:45 PM
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Default taboo

Quote:
Originally Posted by rr20 View Post
Hi,
I was on a H4 visa and had applied for H1 through a consultancy. I got my H1 approved in 2008 and was hence eligible to start work for the employer from Oct 1. I got my SSN number also. But, I did not get a suitable project till April 2009 and hence do not have any pay stubs. I do not have H1 stamp on my passport. I am back in india since April 1st week of 2009. They asked me to provide them letter saying that I am not available for relocation and hence am not being paid during the period i am in US. Below are my queries:
1) Can I go back to US on H1?
2) Can I get H1 transfer? Should I ask my employer to cancel my H1?
3) Was my stay at US illegal? I had givenm my employer a letter for a long personal leave.
4) Can I go to US on a B1? I have a Business visa too.
5) Can I do a B1 to H1 transfer?


Thanks in advance,
RR

these things are taboo in my opinion. why the heck would one turn to h1 knowingly when there is no job for them. guys and gals, this may seem strong, but don't respond to these kind of posts, as in my opinion anything against the law is wrong and illegal. period. we do not need to give advice to this poster giving some loop holes for this person to cheat the system some more. i may get red dots for this post. but deep down u know this is wrong and we IV ians do not support anything that is illegal.
__________________
EB3 - India
PD 1/03
I140 approved - march, 2006.
485 status - Rotting in NSC with a single RFE
Lost H1, working on EAD. Invoked AC21 twice.
Attended DC Rally and contributed to IV many times.
Renewed EAD 3 times and AP 4 times
Total cost from the H1 days (new h1, extension, ead, ap, 140, 485 etc - $22000)
Total cost if I had bought a labor certification those days and having a GC by now - $15000
Not knowing if GC is this worth - Priceless.
R2I'd in Feb 2011.
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  #7 (permalink)  
Old 05-15-2009, 03:52 PM
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Please do not generalize.
The driving factor is not always greed.

I don't want to defend anything other than relating greed to working wife (or somebody in H4 converting to H1).

Quote:
Originally Posted by poorslumdog View Post
What was the compelling reason for your file H1B........ you are already in H4 in US.
- Simple greed.

Last edited by morchu; 05-21-2009 at 10:47 PM.
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  #8 (permalink)  
Old 05-15-2009, 04:06 PM
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Quote:
Originally Posted by morchu View Post
....
Another problem I see is that there can be a "3 year ban" for you to re-enter, if you were out of status for more than 180 days.
....
3/10 year ban applies ONLY for illegal presence and not for out of status.

Illegal (or Unlawful) presence is the time out of status that the USCIS has specifically notified applicant/person that he/she is out of status OR I-94 date has passed. Time in the unlawful presence counts towards 3/10 year automatic bars.

______________________
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.

Last edited by desi3933; 05-15-2009 at 04:09 PM.
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  #9 (permalink)  
Old 05-15-2009, 05:11 PM
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Quote:
Originally Posted by morchu View Post
Snathan, her stay was not illegal.
Illegal stay means overstaying your I-94 period (period of stay authorized by the Attorney General). I assume her change of status to H1 was approved (I94 attached in H1 approval notice)

She might have been "out of status", but not "illegal stay". Both are different things.
I mean to say out of status
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  #10 (permalink)  
Old 05-15-2009, 05:15 PM
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sledge_hammer is infamous around these parts sledge_hammer is infamous around these parts sledge_hammer is infamous around these parts sledge_hammer is infamous around these parts sledge_hammer is infamous around these parts sledge_hammer is infamous around these parts sledge_hammer is infamous around these parts sledge_hammer is infamous around these parts sledge_hammer is infamous around these parts sledge_hammer is infamous around these parts sledge_hammer is infamous around these parts
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Absurd! Simplistic! Immature! Above all, nonsense!

Quote:
Originally Posted by morchu View Post
Please do not generalize.
The driving factor is not always greed. It can be as simple as living the life they want.

Could you sit home and do nothing for years, if somebody is willing to pay you whatever you earn now for the whole period? You will probably get mad. Working is part of most of our life, and you probably might get mad if you stop that. It is not always for the money.

Think of someone, who was working in India for years, and got married to an H1B, and came to US in H4 (not because she wanted to work in US, or love to be in US, but wanted to be with her husband). Is it too much for her to ask to continue working and continue with her life.
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  #11 (permalink)  
Old 05-15-2009, 08:26 PM
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Default first update your profile..

when someone gets married to a h1b and comes here to US on h4 they very well know that they cant work. its not a surprise. secondly, do not even start supporting anyone who is breaking a law here..we IV ians are totally against anything, that is illegal, i am not sure what part of this that you do not understand. if you have to be working in h1 is a law, that is it, you need to obey, if you are converting to H1, i am not saying converting from h4 to h1 is wrong, i am only saying converting from h4 to h1 is wrong, when you do not have a job. look at the check USCIS kept these days, that they are not going to issue h1b in the first place unless you have a client letter, and why exactly do you think that they implemented this? the original poster's case was a classic example of why I support that decision of USCIS. Because of bogus H1Bs like, for the past few years, people who genuinely hadd jobs had to wait it out, and look at the condition of the economy now, they cant even get a job...
__________________
EB3 - India
PD 1/03
I140 approved - march, 2006.
485 status - Rotting in NSC with a single RFE
Lost H1, working on EAD. Invoked AC21 twice.
Attended DC Rally and contributed to IV many times.
Renewed EAD 3 times and AP 4 times
Total cost from the H1 days (new h1, extension, ead, ap, 140, 485 etc - $22000)
Total cost if I had bought a labor certification those days and having a GC by now - $15000
Not knowing if GC is this worth - Priceless.
R2I'd in Feb 2011.
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  #12 (permalink)  
Old 05-15-2009, 08:37 PM
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I second that.. I'm fed up with such cases who pop up every day asking the same question..

Quote:
Originally Posted by poorslumdog View Post
I have couple of questions for you...

1. What were you doing for 7-8 months without pay stub.
2. Whats your real qualification and experience....

I am sure you might have inflated resume with 5-8 years of experience even though you are only good at web surfing. Do you at least know the difference between the Ethernet and USB port.

3. What was the compelling reason for your file H1B when you donít have the job and you are already in H4 in US.

- Simple greed.

4. Its only because of people like you...every one is getting bad name and there is no respect for real hard working people.

I wish you are doomed and bared from entering the US again. Anyway you are already doomed.

I request guys here not to provide any help to this person. She/He is entitled to go thru this and we are all getting bad name because people like this person.

Thanks for your understanding.
__________________
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Contributions: Small contributions and participated in San Jose, CA rally. Contributed to 2009 campaign.
Reference: Have introduced few friends to IV.
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  #13 (permalink)  
Old 05-15-2009, 08:39 PM
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Yesterday I spoke to one girl who does not have any experience except her academics. She came to US recently in H4. She already applied H1 through some relative's desi consultancy and created resume with fake - 8 years java experience. Now trying for job and asking my help. I was furious but I was trying to educate her. I was getting only one response...that’s what every one is doing. I am just helpless...

Last edited by snathan; 05-15-2009 at 08:47 PM.
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  #14 (permalink)  
Old 05-18-2009, 11:19 PM
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Default Some Thoughts

I think it is a common situation and it is similar to the same situation that most H1 would have faced at some point of time. I think your case would be same as someone being out of project and when someone is out of project, finding a Job in this economy crisis is very hard. And i would say 70% of consulting won't pay during bench period.

My suggestion would be to request your employer to run payroll for this year (Jan - Apr 2009) and i think that might help to some extent, then probably you can cancel your H1 to make sure everything is closed.

I am not sure about the re-entry to US. I think it should not be a problem if you reenter with your H4 or B1.

Best of Luck.

PS: google for "H1 out of status", you will find interesting post that will be of help.
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Old 05-20-2009, 12:05 PM
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Poorslumdog/eb3retro,
I am not sure of your personal situation or reason for the harshness of your words. Please do not post such comments or generalize when you are not aware of circumstances of other people. I have not done anything against the law or for greed. Please post when you can truly contribute, else withhold such pointless posts.

Morchu/Sk2012,
Thanks for your comments. I understand that my stay was not illegal, but Out of Status.
I am planning to ask my current employer to cancel my H1 and work in india. If travel takes me to US, i will get a new h1 with my employer, since i wonít be counted under H1 cap.

Desi3933,
Thanks for your comments. When I travel back to US, if at the port of entry or elsewhere, there are issues, what would be the ban I would be given, if there is any? I did not know I was "Out of Status", else would have atleast converted back to H4 visa. In worst case situation, can anyone tell me what would occur? Should I avoid travel to US for any business purposes, and just stick to other locations? Because my work involves travelling.

Thanks for your help..
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