Hi Sajha Lawyers/experts,

It is definately a desperate situation..having H1B started on 1st Oct,..not getting job,...no paystubs,... so-called dhoti company now says it is cancelling my h1b by next 15 days or so,look for alternatives....so and so..

I talked to them today.At one point,what they say I am not their employee...cause I am not involved in any project yet....Can they say I am not their emplyee,provided they have filed my h1b ?I am totally confused,and I know I am in trouble.I talked to a person in a university who is knowlegeable about the international students but not authentic.He also indicated that an employer could say so.And when they say so,the employee would be 'out of status'.

Any info/solution will be highly appreciated.Thanks.

I don't think they can say that you are not employee of that company. H1B is the prove that you are their employee. If the worst situation comes, you can complain to USCIS and you can get some compensation. Before that it's better to consult with any Attonery and get the solution and start finding the company for H1B transfer or change your status from H1B to F1... Good luck

Yes tell them that you will complain to USCIS if they dont provide status (pay stubs) for you till you get your F1 status back.

Did u receive u'r I-797 paper?. this will prove that u'r H1 B was filed by the company and if it ever got approved or not. If they are saying that u are not their employee chances are either they have already canceled u'r H1 or just threatening to cancel because you dont have any projects.

your H1 employers are not helpful at all and wont have any feelings for you. Its also not easy to transfer H1 because of the paystubb issues.An H-1B visa holder is considered to be out of status on the day of termination. In order to remain legal in the U.S., the H-1B visa holder must file for H-1B transfer or change of status prior to getting terminated from the present H-1B employment. Some exceptions do exist, however. In light of stricter enforcement of immigration laws and regulations, the chances of getting merciful treatment from the USCIS is remote. Sometimes (underline this sometimes and take it with a grain of salt) the Adjudication Officers at the USCIS have been using their discretionary power to approve H-1B's provided the H-1B petition was submitted within a couple of weeks from the date of termination.

I think you should try to find out if they have actually cancelled u'r H1 and find out ways to transfer back to F1 as early as possible. please also let me know how to go back on f1 once you know it

I do have my 1-797 paper and I saw it was approved from USCIS website,though they have not handed over yet.Yesterday,I talked to the so-called boss.He has assurred me to provide my h1b so that I can file for changing my status from h1b to F1.He has also assurred me that he would not cancel until I file for the change of status.However,he is not willing to provide any paystubs.So,I am wondering if USCIS will approve my case.

Sajha Lawyers/Experts,pls share more thoughts on this issue.

Almost being 2 months. Therefore, it would be great to consult the lawyers to apply for change of status from H1 to F1 without pay stubs. Make sure that may not ask ref document. Once, it will ask it will be big problems. Because, there should be paystub till the last date of employment or severance allowance even you are on bench (means in leave).

Thanks

Superexchange,

I am having same problems like yours although I have H1B papers on me. My dhotis says I have to pay more than 1000 dollars including employee and employer tax every month to run payroll...and he may file GC after few months....I am in deep trouble whether to save H1B or maintain other status.. By the way, guys let me know how much tax (employer+employee) approximately  is paid monthly?