Help needed regarding H1

[cooldude_19802006]

Hi all,

I have entered to US in Feb 2008. I was asked by my employer (Consultancy firm)to start looking for jobs. They told me to manipulate my resume to 5 yrs when i have 3yrs of experience. Also, they said that they will start my payroll once I get a project. I have applied to many companies and did not get a single call. Now its 2 months since i have been in US and now my employer had asked me to leave US and go back to home, they have given me a deadline (1 week). I want to know few clarifications from you.

1. Am I eligible for grace period? If yes, how many days will be given to me.
2. As I have said my employer did not pay me till date, so I have no paystubs with me, will I be able to apply for H1 transfer.
3. If I need apply for Change of Status (COS), what would be the better options for me.
4. Does employer has right to give you deadline to leave the country.
5. To which governing body can I compaint against my employer.

Pls members, I need your help because my employer has given me a deadline to leave US.

[txh1b]

1. No grace period. You are already out of status for not getting paid on your H1b
2. No, You cannot do that while remaining in US as you are currently out of status. You can apply for a CP H1b transfer, get approved, travel with the new petition approval with your old visa again. This is not subject to cap. Refer to the H1b FAQs.

https://www.immihelp.com/h1-visa-faq/

3. What would you apply COS to? Any COS application needs proof of current status which is paystub for a H1b holder.
4. Ofcourse, they can.
5. H1b employee has to be paid min wages mentioned on the LCA. Check here

https://www.immihelp.com/h1b-visa-employer-violations-complaint-procedure/

[jurong]

Hi cooldude_19802006,

Not sure if this might work but talk to your H1B Employer in US on a one-on-one basis and find out if you can do something to avoid your issues.

Try to get two (2) more months of grace period if possible from your H1B Employer and keep trying very hard till you get something.

[C4us]

There is no such thing as a grace period. You are out of status. File a complaint with the DOL to get your salary. You must leave and re-enter when you find a real job and have a new approval.

Since you have not found a job in 2 months and the economy is getting worse, you are likely to have a problem finding anything quickly in your location.

If you have lied on your resume to get a job and it is found by your employer, you are subject to immediate termination "for cause" - lying. So not misrepresent your qualifications!

[orion]

Clarification on #4 below. Your employer CANNOT ask you or give deadline to leave the US.

[txh1b]

Clarification on #4 below. Your employer CANNOT ask you or give deadline to leave the US.

Indirectly, it can be implied by revoking the H1b or laying off an employee, the employee is out of status and the employer must pay for your return transportation to your home country as per the law if that happens.

I assumed that was what was meant by deadline of OP.