URGENT: Change of Status Questions

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I was working on H1 for a dhoti company. I was on bench for a year.
So I joined a school. The school asked me to change my status to F1.
In the process of doing so, I sent the USCIS all the documents needed.
But, today I received a letter from USCIS asking for my last 3 month's pay stubs before Dec 13, 2009.
However, my last pay check is dated Nov, 2008.

So, my question is, should I send those pay stubs from last year?
If I do so, will they ask me what was I doing until now?

I also talked to dhoti to see if he will run the payroll for July, Aug, and Sept if I pay the taxes. He said it will be hard due to following reasons:
1. the pay stubs for the 3 months (different pay period) will all have same PAY DATE
2. since I was not in the payroll since Jan, it is not possible to show the correct GROSS amount because it is year end. Things would have been different if it the start of the year.

Any suggestions?

What if I change my status into H4?
What documents are required to change my status from H1 to H4?
Will I have to send my pay stubs?

Please help!!!

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pyaradeshbasiharu

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"However, my last pay check is dated Nov, 2008."

u were out of status from Nov 2008 to till date..

"So, my question is, should I send those pay stubs from last year?"
Why do u want to send the Paystubs from last year? They have asked u for Paystubs before Dec 13,2009..

"If I do so, will they ask me what was I doing until now?"

They have already asked you what u were doing until Now and that's why they have asked you for the pay stubs..

"I also talked to dhoti to see if he will run the payroll for July, Aug, and Sept if I pay the taxes. "

if u want to goto jail then go head and Run a Fake a Payroll..Remember acting as a accomplice in mail fraud is a Federal Crime nd it can make u deported and will shut down the door to Come to US forever.

"What if I change my status into H4?"

U can change ur Status into H4 but ur situation will still remain the same

"What documents are required to change my status from H1 to H4?"

You have to file I539 Just as u did for F1 with your H1 Approval notice, your latest Pay stubs, A letter explaining why you want to change your status to H4.

"Will I have to send my pay stubs?"

Of course you have to send the pay-stubs , this will show whether or not you were fulfilling the requirements of H1B..

Couple of Advice,

1.File WH4 at DOL to get the Back wages that your dhoti consultancy owes you.. If u had filed WH4 a lot earlier it would have kept you in Status and obviously u didn't do it , so face the consequences.

2.Go back to Nepal , apply for H4 Visa at consulate and be truthful to the counselor..get a H4 Visa and Come back to US..

Last edited: 22-Nov-09 10:41 AM

trail

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Thanks for the reply.

One more question...

Is there a way I can re-instate?

pyaradeshbasiharu

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Go back to Nepal , apply for H4 Visa at consulate and be truthful to the counselor..get a H4 Visa and Come back to US..

trail

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Someone just told me that I'm out of status the day I stopped getting paid.
This means I was out of status since Oct 2008 (more that 180 days).

So if I go to Nepal and apply for H4, I will probably get denied and will have to wait 10 yrs.

pyaradeshbasiharu

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Trail,

Sorry for your situation but u r a moron..U don't know Your rights as a H1B Holder!!..Yes, once u r not paid u r out of status...It's strange that it took u 180 days to figure out that u r out of status..

There is a Difference in between being "Out of Status" and "Illegal Status"..The former applies to U if ur I94 is not expired during this period however if ur I94 Status is expired during this time , bro u r in serious Trouble and 10 Yrs ban will Apply to u....

Consult an Qualified Immigration lawyer ASAP rather than Posting Foolish Q's here in Sajha..

Sorry for the Harsh Word but that's the way it is...

OC101

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ur stupid to change ur status from h1 to f1. i will suggest everybody in this sajha, even if ur in the bench for 1 or 2 years without payroll running. the day u find the different job and start ur payroll, ur back in action. the moral of the story is no matter what ur situation is never try to change ur status from one to other when ur in hole.

nouvelzelande

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Hey pyaradeshbasiharu,
trail was in H1 so he is in trouble. do you have any idea about OPT extension. I am planning to go back to school as I have few months left on my OPT. Please find below description of my situation which is from a thread i had started.

I am on OPT extension through one consultancy since Oct
2009 and I have had my payroll run from
DEC 2009. Because of that delay in running the payroll, I don't have
that 120 days of unemployment left. It has been a while I have been
waiting for job. And with
new laws on H1 through consultancies being more n more tough, i thin it
would be better to go back to school. So I want to work off campus
wherever i can find work to save up some money before going back to
school. If i do that, my consultancy will stop my payroll. Can anyone
can be without payroll during OPT extension? I have started applying for
schools and want
to work before I start the school.
Any suggestions would be really
appreciated. I also know many people have questions regarding OPT
extension, I would be more than happy to provide information on that.
Thanks

pyaradeshbasiharu

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nou,

" Can anyone can be without payroll during OPT extension? "

Absolutely not...

"I am planning to go back to school as I have few months left on my OPT"

Technically if ur Payroll is not run during the OPT extension , you are out of Status..

What counts as time unemployed?

Each day during the period when OPT authorization begins and ends that the student does not have qualifying employment counts as a day of unemployment. The only exception is that periods of up to 10 days between the end of one job and the beginning of the next job will not be included in the calculation for time spent unemployed.

Students who receive a 17-month STEM OPT extension are given an additional 30 days of unemployment for a total of 120 days over their entire post-completion OPT period.

What types of employment are allowed for students during an OPT STEM extension?

Students granted an OPT STEM extension must work at least 20 hours per week for an E-Verify-enrolled employer in a position directly related to the student’s STEM degree.
STEM students may work multiple jobs related to their STEM degree, but all the employers must be enrolled in E-Verify.
Students on an OPT STEM extension are allowed to volunteer, incidental to their status.
This means that volunteer work is allowed but does not count as employment for the purpose of maintaining F-1 status.

src:http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ff791c491861a110VgnVCM1000004718190aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD

Hope it helps

Bennedict

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OC 101,
Could you stop misleading people who are in genuine troubles?? Where in the world did you get that info that you can stay in bench for 1 or 2 years without payroll running? Do you think USCIS is gonna let you pass with that offense so easily? You have to let USCIS know when you change offices while in H 1 visa giving ample reasons and knowledge about gaps in between. Please do not give away some half baked info.
Changing status has never been a voluntary choice for anybody who knows about it!

Last edited: 22-Mar-10 02:48 PM

Last edited: 22-Mar-10 02:50 PM

nouvelzelande

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thanks pyaradeshbasiharu

I think I am on safe side as i think i haven't exceeded that 120 days. Is there any way to find that? Say if there was a delay in starting my payroll during extension, what kind of problem can I face while applying for school or getting an I-20 issued? It is kind of difficult to have payroll run without any income.