Legal Question in Immigration Law in New Jersey

My Husband got layoff in May 2009. Then a consultant filed for his H1-B transfer visa in June-2009. He got Job in August but he didn't had a pay check for 3 months (May, June, July).

Is he out of status in that period?

Now he got fulltime employement and wants to transfer H1-B to another that company. His consultant is threating him that he will file a case against him to USCIS for the period he was out of status and not giving approved I-797.

Please let us know what should we do in this situation.

Any help is appreciated.

Asked on 4/19/10, 8:38 am

2 Answers from Attorneys

Anthony Siliato Meyner and Landis LLP

I would recommend that your husband schedule a consultation with me inasmuch as the questions posed require more than a short email response. Our Immigration Law Group specializes in employment-based immigration matters and we have a great deal of experience with issues such as the one presented.


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Answered on 4/24/10, 11:02 am

Ajay Arora Ajay K. Arora, Attorney-at-Law, P.C.


The H1B employer is actually in violating of Department of Labor and USCIS regulations which state that the H1B employer is required to pay the agreed-upon salary as noted in the H1B petition unless the employment is terminated. Thus, it is highly unlikely that the H1B employer is going to "file a case" (as per the words in your email) against your husband.

As a practical matter, when the new H1B employer is going to file an H1B petition for your husband, your husband should be ready to submit recent pay stubs, and in all probability he will receive "extension of status" through the new H1B employer without any problem.

You have the option of calling our law firm at 212-268-3580 during business hours, or email [email protected] for any additional guidance.


Ajay K. Arora, Esq.

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Answered on 4/24/10, 12:42 pm

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