H1 without pay grace period

[smartquestion1]

Hi My H4 got expired on 30-Sep-2013 and H1 is effictive from 1-Oct-203. Now my employer is going to start my pay roll from 1st Nov with joining date as 1st Nov. Will there be any issue while going for stamping in India or will this period from 1st oct 2013 to 31st oct 2013 be treated as out of status? As per my employer, there is some grace period so I should be ok and I will not have any issue for stamping.

Please help me to understand the actual rules in H1b grace period.

[smartquestion1]

Hi Please guide

[raghvi]

Hi Please guide

Why no payroll for Oct 2013?

[smartquestion1]

Why no payroll for Oct 2013?

Because the joining date is postponed to 1st Nov. so pay roll will start from 1st Nov. i am planning to go for stamping next year in June 2014. Will there be any problem? for missing pay roll in oct 2013

[raghvi]

Because the joining date is postponed to 1st Nov. so pay roll will start from 1st Nov. i am planning to go for stamping next year in June 2014. Will there be any problem? for missing pay roll in oct 2013

Technically there is no grace period. You should be working and getting paid from COS effective date. If COS has to be delayed an appropriate amendment to underlying H1 petition should have been filed.

This is my opinion not legal advice.

[smartquestion1]

Technically there is no grace period. You should be working and getting paid from COS effective date. If COS has to be delayed an appropriate amendment to underlying H1 petition should have been filed.

This is my opinion not legal advice.

thanks for reply. So if underlying h1 pertition is filed to start COS from 1 st Nov 2013, for H4 also we need to file extension? as H4 got expired on 30 Sep 2013.

[raghvi]

If you are not in valid H1 status right now (as not getting paid) then your spouse is also not in valid H4 status.

It can have negative impact in future stampings/GC processing.

This is my opinion not legal advice

[smartquestion1]

If you are not in valid H1 status right now (as not getting paid) then your spouse is also not in valid H4 status.

It can have negative impact in future stampings/GC processing.

This is my opinion not legal advice

Sorry for confusion, I am asking about my H4 visa. My H4 visa got expired on 30-SEP-2013. and H1b started on 1st -Oct -2013. So If now for me H1b start date gets changed to 1st Nov 2013, I need to file for H4 extention for myself(for period 1st Oct to 31st Oct) as well?

[raghvi]

Sorry for confusion, I am asking about my H4 visa. My H4 visa got expired on 30-SEP-2013. and H1b started on 1st -Oct -2013. So If now for me H1b start date gets changed to 1st Nov 2013, I need to file for H4 extention for myself(for period 1st Oct to 31st Oct) as well?

If H4 to H1 was applied as COS then your H1 already started from 01-Oct-2013 so there is no question of doing an H4 extension now. You should worry more about maintaining a valid H1 status from 01-Oct-2013 onwards and that is possible only if you have paystubs from 01-Oct-2013 to prove that. Talk to your employer about running the payroll for Oct 2013 month.

This is my opinion not legal advice.