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  • laidoff looking for options

    I just got H1B extension and it is valid till 2017
    I have been working with Company A, Client have a Break in service rule for 3 months, without any notice I got a certified mail from my employer saying that I was released from my services on Aug 1st. Does it mean I am out of status now?
    Reporting manager at the client site wants me to come back after 90 days. What are my options
    Should go for dependent visa be the only option? If I file for COS to go to H4, should I have paystubs till it gets approved?
    If I go on H4 status would it be a problem if I can come back after 3 months?
    My current employer mentioned he would not run payroll but would keep my H1 active (am I still in status?)
    Please advice me with the documentation needed for filing COS from H1 to H4.

    Thanks in advance!

  • #2
    Originally posted by niftynikki View Post
    I just got H1B extension and it is valid till 2017
    I have been working with Company A, Client have a Break in service rule for 3 months, without any notice I got a certified mail from my employer saying that I was released from my services on Aug 1st. Does it mean I am out of status now?
    Reporting manager at the client site wants me to come back after 90 days. What are my options
    Should go for dependent visa be the only option? If I file for COS to go to H4, should I have paystubs till it gets approved?
    If I go on H4 status would it be a problem if I can come back after 3 months?
    My current employer mentioned he would not run payroll but would keep my H1 active (am I still in status?)
    Please advice me with the documentation needed for filing COS from H1 to H4.

    Thanks in advance!
    You go out of status only if your I-94 expired or you dont have payroll running. The employer is bound to keep paying it, otherwise you can complain to the DOL.

    If your payroll is not run you cannot do a COS to H4 too. Either leave US, and re enter on H4 visa/H1 visa of another employer OR complain against employer to DOL.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      You go out of status only if your I-94 expired or you dont have payroll running. The employer is bound to keep paying it, otherwise you can complain to the DOL.

      If your payroll is not run you cannot do a COS to H4 too. Either leave US, and re enter on H4 visa/H1 visa of another employer OR complain against employer to DOL.

      This is my opinion not legal advice.
      I am owed a 2 week paid vacation can I ask my employer to run the payroll for the days I am due..I have already applied for COS today .. please suggest.

      Thanks!

      Comment

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