Out Of Status - help

[Barefoot]

Hi,

I came to US in April 2013 on a H1B visa thru a Consulting company. He promised me a job and upon reaching US he asked me to search one for myself.
With the experience I had I had to wait for 10 months to get a job. The employer did not run any payroll or stuff in that duration. Since Feb 2014 I am working.

I have a renewal due by September 15. I guess the renewal will be declined as I was out of status for the first 10 months. Is there any way out of this?

Can I apply a new H1B from a different employer now and switch when it gets approved?

Thanks,
Barefoot

[raghvi]

Hi,

I came to US in April 2013 on a H1B visa thru a Consulting company. He promised me a job and upon reaching US he asked me to search one for myself.
With the experience I had I had to wait for 10 months to get a job. The employer did not run any payroll or stuff in that duration. Since Feb 2014 I am working.

I have a renewal due by September 15. I guess the renewal will be declined as I was out of status for the first 10 months. Is there any way out of this?

Can I apply a new H1B from a different employer now and switch when it gets approved?

Thanks,
Barefoot

What took you 10 Months to wake up ? Why didnt you complain to DOL ? In my opinion the 10 Months out of status and no payroll being run is a very justifiable enough reason for USCIS to revoke the petition itself. Now during renewal in 2015, whether they go all way back to your original 10 Months cannot be said, submit last three valid pay stubs along with appropriate client information and hope for the best.

This out of status can potentially revisit you later on during GC processing too.

This is my opinion not legal advice.

[Barefoot]

Thanks Raghvi.

Yeah, My bad. The 10 months my employer somehow kept deceiving me.

Is it lawful or possible to apply for a new H1B in 2015 thru a different employer? And Btw, I am going to India in May for my Marriage. Will re-entry be a problem even when I have the current visa stamped?

Barefoot