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wilson75
06-01-2015, 08:40 PM
Hi i got my H1B sponsored by a desi consultancy on Oct 2014 and since then i am on bench and my employer has not been able to find a job for me after much pleading my employer ran only 1 payroll for the month of April 2015 by taking the tax money from me. now he refuses to run it for the following months. I am stuck as i cannot transfer to H4 or to another company without atleast 2 paystubs. This is very stressful for me.

1) Am i out of status?

2) Can this have a negative impact on my husbands green-card processing and in future for me if he adds me for the green-card process as spouse.

3) Is there anyway that i can transfer my H1B to another employer?

4) Is it not by law that he has to run my payroll every month?


Thanks


Vinita

harishps123
06-02-2015, 07:13 AM
If your husband has an approved I140, you must consider converting to H4 and getting an EAD. That way you will most certainly be under legal footing. The other way to do it is to whistle blow your employer to the AG and whistle blowers have certain rights and a potential path to green card. I can be a 100% wrong about the latter, but this is what companies that take employees for a ride deserve.

hil3182
06-02-2015, 10:23 AM
If your husband has an approved I140, you must consider converting to H4 and getting an EAD. That way you will most certainly be under legal footing. The other way to do it is to whistle blow your employer to the AG and whistle blowers have certain rights and a potential path to green card. I can be a 100% wrong about the latter, but this is what companies that take employees for a ride deserve.

The problem is by paying money for that month's payroll wilson75 has broken the law.

She could get into trouble if she reported it at this time.

You will need to talk to a lawyer about this, but my understanding is you can always switch to H4 (or another H1B), but you will not get an I-94 and will have to re-enter the US.

hil3182
06-02-2015, 10:25 AM
My advice would be to, talk to a lawyer without delay.

There are all kinds of tricks they can do for you.

A consultation will cost you less than that the one month of taxes you paid that consulting company.

DMX17
06-02-2015, 10:56 AM
The employer must pay you (not just run the paystub and you pay the tax). In order for you to change status or extend status, you must be on a valid status. This you are not since you are not getting paid.

Do you have a valid H4 visa on the passport? If so, leave the U.S. and enter on H4 is one option. Then complain to DOL and demad pay from the consultant.

wilson75
06-02-2015, 03:01 PM
Hi Thanks for your advice.

My husband is just in his initial phase of green-card processing and so the I-140 to come would be about 16-18 months from now. I cannot change from H1 to H4 as for that i need to be on status and i have no idea if i am on status. I came on F1 visa and later converted to H1B since last Oct.

Vinita