F1 to H1B COS

[needassist_h1b]

My H1B COS took effect on 10-01-2009. My employer (a staffing company) is looking for alternative options as the initial client has cut off openings.

1. Would this require a new LCA and an amended petition to be filed since the work site and client would be different from the one on I-129?

2. The employer has finally agreed to run payroll but would not cover the time elapsed between 1st October and present. Is it advisable to accept this offer or I should ask for wages w.e.f 1st October as this gap may create future problems and since the inability to find employment is his burden?

3. The employer says I wont be out of status for first 60 days and there is no need to worry because as this is the time USCIS gives to employee to join the employer. Is that true?

4. I have gotten different opinions. Some advised me to file WH4 with DOL as well and then go home, if there is a slight doubt about the credibility of the employer. Is it possible to file complaint and leave USA and how meaningful would that complaint be when I am out of USA after that?

Please advise. Thanks

[shervin143]

1. Would this require a new LCA and an amended petition to be filed since the work site and client would be different from the one on I-129?

>>>>> Yes.


2. The employer has finally agreed to run payroll but would not cover the time elapsed between 1st October and present. Is it advisable to accept this offer or I should ask for wages w.e.f 1st October as this gap may create future problems and since the inability to find employment is his burden?

>>>>> You should ask for wages to avoid problems in future. Being out of status will cause issues when you apply for extension/transfer/visa. Irrespective whether you are in a project or not, you need to get paid when you are in H1B.
https://www.immihelp.com/h1-visa-holder-rights/


3. The employer says I wont be out of status for first 60 days and there is no need to worry because as this is the time USCIS gives to employee to join the employer. Is that true?

>>>>> Check this.
http://www.immihelp.com/forum/showthread.php?t=68539


4. I have gotten different opinions. Some advised me to file WH4 with DOL as well and then go home, if there is a slight doubt about the credibility of the employer. Is it possible to file complaint and leave USA and how meaningful would that complaint be when I am out of USA after that?

>>>>> Yes. You can do that.
https://www.immihelp.com/h1b-visa-em...int-procedure/

[needassist_h1b]

Thanks Shervin for your valuable input. I am adding a couple of more threads to my case and have your opinion. As mentioned earlier, no project with employer but he has maintained an employer-employee relation through his email communications that search for placement is ON and he is marketing my resume. But, yesterday I was sent some forms I-9, W-4 etc to be filled and send back to him by Friday. I have some issues here:

1. I have been told to decline the health coverage as of now because he still doesnot have a project and would not pay health benefits. Once declined, would I be able to restore this health coverage with my employment say if and when he finds a project?

2. Is it true that form I-9 has to be completed on the first day of employment? If yes, technically speaking, the date on I-9 can be seen as the employee's first day on job?

3. I have been sent the time sheets and asked to fill two weeks period starting Oct 25 until November 07. Is it possible to fill in these timesheets for these dates when I am turning in form I-9 and other employment forms after November 10?

4. And I would surely not prefer to leave any legal form non-dated / backdated after signing it and leaving a room for employer to take undue advantage. What is your advice?

5. Also regarding time sheet, what am I supposed to write when he has not been able to find an assignment for me as yet?

6. Is it not true that I would be giving away my rights to back wages by sending in these employment forms (I-9, W-4) now ??

7. I also feel that by making me complete these forms in the mid of November, the employer might be tranferring the burden on me, of joining him late by 43 days while the reality is I am made to sit on bench coz of his decision and inability to find work.

Please advise. What is the best option?