L1 to H1 and L1 Salary issue after fired

[ner_ner]

Hi,

I am on L1B from Dec 2007. L1 visa is active till Dec 2009. This year 2008 i have applied for H1B through Some consultancy and i got approval with COS. I went to India in Sept 2008 and I came back to US in Oct 2008 on L1-B and I continued to work on L1-B. In Last week of Dec 2008 I got fired and my L1-B employer is not paying the salary. Right now I am not working and but I am in US.

1. Can I stay in the US without Salary?
2. What is my current Status?
3. If my status is L1-B, L1-b employer need to pay the salary till my stay in the USA.
4. What are all the procedures L1-B employer need to take the actions.

Please help me regarding this.

Thank you,
Rajesh

[itzprams]

1. Can I stay in the US without Salary?

----There is no grace period after laid off on L1B.

2. What is my current Status?

----Without salary you are out of status. You have to file COS to B1 immediately or leave country.

3. If my status is L1-B, L1-b employer need to pay the salary till my stay in the USA.

---They must give you a return ticket to fly back to home country.

4. What are all the procedures L1-B employer need to take the actions.

See ans 3

[ner_ner]

Thank you for reply

Thank you very much.

If my current status is not L1-B then Can I stay with my H1-B now without getting or joing the job?

One more thing, Is L1-B Employer is responsible to pay the salary to L1-B holder till last day of his staying in the US?

In my case If Employer didn't give relieving letter, the employer will questioned by USCIS?


Please help me regarding this

Thank you
Rajesh

[itzprams]

If my current status is not L1-B then Can I stay with my H1-B now without getting or joing the job?

-----Status change is not automatic. To change status from L1-H1, your H1 employer has to file COS for you. If that petition gets approved then your status becomes H1.

One more thing, Is L1-B Employer is responsible to pay the salary to L1-B holder till last day of his staying in the US?
-----You cannot decide last day on L1, your employer decides that and he has to pay until that day including return ticket.

In my case If Employer didn't give relieving letter, the employer will questioned by USCIS?
-----No, its your responsibility to get it. ?They will question you in future stamping (only if its really required)

-----You can apply COS to visitor visa in order to be in status.