Hi Friends, 

I 've my H1 effect oct 1st 08 through a desi consultancy. but I and my consulting company havent been able to find a job  . I am scared I would go out of status. My consulting company says it dont matter If I am not in job and dont matter even if  there is no tax payment or paystubb run. in my name is it true? If it isnt true than do I have to change my status back to F1 or how could I save my status so that I dont have to be illegal and face further problem in future.

I appreciate your ideas and advice. Happy Dashain and Tihar

 

tax ta tirnu pari go ni...

HI

As far as I know there is no problem as long as you do not travel out of country. Once you travel outside US, you need to do H1 stamping from the US Embassy, you know that. That time you need to provide them all the documents along with your pay-check so that they make sure you are working and paying tax to govt. Then creates a problem as you do not have pay-check run. Legally you rights to receive pay-check from your employeer or so called desi consultancy but since you are not in project, they won't run pay-checks for you. Honestly this is a pain everybody feel when working through consultancy. If you want, you can sue them for not giving any salary upon hiring you. So, my suggestion to you is to get a job or change the consultancy who can put you in project and transfer your H1B. You do not need to tranfer your status to F1 again. Only thing is not leave US without any pay-check, you get stuck. All the best for getting job soon. Regards.

So far I know............."You will be in status as far as "employee-employer relation exist""....................."job miya bibi raji to kya karega kaji"

Kasaie ko H1 cha, Kaam Chaina. Kasioe ko Kaam Cha, H1 chaina. Mero chahi kahilay aunay ho kunnie?...This is the just a situation where this AMericans regulators fell to see the situation from practical point of view..H1 kina dinay when when you don't have job.....this all consultancy should be fined and their operators should be jailed for all this irresponsible activities ..................

Hey Stupida Keep ur fingers crossed buddy...I just got approved yesterday only...So all the besties buddy ....

Hi,

I am in the same situation as that of the originator of this thread. My so-called employer(desi consultancy) has informed me that I would be out-of-status,if I won't be able to be involved in active employment 60 days after my h1b will be effective( which is already effective from  Oct 1st).I argued whether this is their own company rule or USCIS rule.Then,they showed me some zerox copy of  UCSIS rules and regulations.What they say is this rule  is especially for those who are already in US.I am still confused; they seem not to talk truth.

Can I go back to school,if I find a school,even if my H1B is already effective?Any suggestions regarding this will be highly appreciated.

Look this seems to be all game played by consultancy these days. Since you are under H1B through this consultancy, you are an employee for them right? You are suppose to get pay-check as per the US employement rules and regulation. I do not know what's there in zerox copy of  UCSIS rules and regulations. As I said before, you can sue these consultancy for not providing any pay-checks to you. If you do that, they will be in great trouble. Before you sue them, or if they come to know that you are asking for the pay-check, they might even fire you and you have to join another company within 2 months (not sure) as per the rule of H1B sponshorship to remain in status. After that you will be out of status. So, this is all game and why consultaning firm is asking you to get a job is to avoid such situations. They are smarter and know how to fool US govt. So, you have three option- Sue the firm, transfer your H1 to another firm who generate pay-check, or transfer to F1. If you are lucky, get a Job. Regards.

neerman,
Thanks a lot.

 

I would like to draw your attention. As per H1B rules, there is no grace period. There is no question of jobs- man. You have already duly signed job offer and company sponsor to you and got approval from USCIS. In case there is no job, there no H1B. So, you have to make sure that, in case you are not able to pay tax as per your ETA- Labor Certification Wages, filed with USCIS, when applied your H1B, you will be found hard situation after 2 months (60 days). Legally, you are illegal in case if do not meet the USCIS rules, within 60 days and do not have pay stuff in your hand as per ETA minimum wages fixed and company duly signed while applied to H1B. Then, you are compelled to file sue against such company or immediately transfer H1 or back to school.

Now, the scenario is very strict and day by day, so-called company (consulting company) made able to enrolled their names into USCIS/DOL blacklist rigorously people are suing for them against pay stuff and tax matters.

Let me know, if you have any further information. Write me email, if you need more in detail in futures.

Good luck and Thanks

It's becoming very very tough. First get desi consultancy, Pass through h1b lottery, Clear RFEs, And even after approval...no jobs...no paystubs...and these days even desi consultancies do not want to hold any h1b consultants without real project.