No paycheck for 7 weeks on H1

Old Feb 2nd 2001, 9:01 am
  #1  
kdas11
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I am on a H1B and I work as an independent contractor on a hourly basis through a company
that holds my visa. I get paid once my company receives payment from the client for my
work. In January, I started working at a new client that takes 7 weeks to process
timesheets and send payments. As a result, I will not be getting any paychecks in January
and February, although I have been working during this time. But, I will be getting paid
for it beginning in March with a 7 week lag between when client was invoiced and my
paycheck. Would INS at any time perceive that as being out of status? Would it cause any
problems with my Green Card process? How does INS check if someone's been in status during
all his stay? Thanks for your response. Kamal
 
Old Feb 3rd 2001, 9:55 am
  #2  
HareeshD
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As long as the dates of the pay period are written on the pay stubs, you should not have a
problem with the INS.

I am not sure though if your company doing this leagally (holding your pay until
they get paid). You work for your company, and not for their client. It is your
company's responsibility to pay you at proper time. Talk to an attorney and then
talk to your company.

Sue the suckers if you have to.
 
Old Feb 3rd 2001, 6:24 pm
  #3  
Calvin
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This is not related to your question but I know that you'll need a separate LCA for each
client/site you work in. It didn't look like you have these. Be careful.

> I am on a H1B and I work as an independent contractor on a hourly basis through a
> company that holds my visa. I get paid once my company receives payment from the client
> for my work. In January, I started working at a new client that takes 7 weeks to process
> timesheets and send payments. As a result, I will not be getting any paychecks in
> January and February, although I have been working during this time. But, I will be
> getting paid for it beginning in March with a 7 week lag between when client was
> invoiced and my paycheck. Would INS at any time perceive that as being out of status?
> Would it cause any problems with my Green Card process? How does INS check if someone's
> been in status during all his stay? Thanks for your response. Kamal
>
 
Old Feb 5th 2001, 5:19 pm
  #4  
Ingo
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That may or may not be true. As long as the clients are in the same metropolitan area and
the job duties are always the same, there should not be a problem. If the jobs are in
different places, there often is no problem, either.

Ingo

>This is not related to your question but I know that you'll need a separate LCA for each
>client/site you work in. It didn't look like you have these. Be careful.
>
>
>

>> I am on a H1B and I work as an independent contractor on a hourly basis through a
>> company that holds my visa. I get paid once my company receives payment from the client
>> for my work. In January, I started working at a new client that takes 7 weeks to
>> process timesheets and send payments. As a result, I will not be getting any paychecks
>> in January and February, although I have been working during this time. But, I will be
>> getting paid for it beginning in March with a 7 week lag between when client was
>> invoiced and my paycheck. Would INS at any time perceive that as being out of status?
>> Would it cause any problems with my Green Card process? How does INS check if someone's
>> been in status during all his stay? Thanks for your response. Kamal
>>
>>

>>
>
>

I am not a lawyer and this is not legal advice. For reliable advice, please consult with a
professional immigration attorney.

For further information, check the following frequently-requested links.

For many questions, you may find answers at http://travel.state.gov/visa_services.html
(Department of State)

or http://ins.usdoj.gov (INS).

For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html

For DOL Faxback status information: http://workforcesecurity.doleta.gov/

For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html

For information on entering the US as a K-1: http://www.k1poelist.com/

For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm

For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html

For non-official information, check:

(When using these sites, and any Web sites, please watch out for privacy, as I do not know
all site operators.)

http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.getusavisa.com
http://greencard-lottery.virtualave.net/ http://www.jcvisa.com (H-1B)
http://www.h1bresources.com (marriage and fiancee) http://www.kamya.com/misc/ (marriage
and fiancee) http://www2.apex.net/users/thehydes http://www.formshome.com
http://www.workpermit.com

This is not an endorsement of any of these Web sites. I am not affiliated with any of the
Web site owners and do not receive nor accept payment in return for listing them, and
typically don't even know them.

(if believe you have a good immigration-related Web site and want your Web site listed
here, please e-mail me).
 
Old Feb 5th 2001, 5:22 pm
  #5  
Ingo
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Since you are an independent contractor, normal labor law does not necessarily apply
to you. As long as you do get paid, there should not be a problem with respect to
your status.

However, that is only true if Americans are also working on a similar basis and under
similar conditions. In other words, if the company made you a freelancer but hires
Americans, there would be something wrong.

Ingo

On Fri, 02 Feb 2001 22:01:43 GMT, [email protected] wrote:

>I am on a H1B and I work as an independent contractor on a hourly basis through a company
>that holds my visa. I get paid once my company receives payment from the client for my
>work. In January, I started working at a new client that takes 7 weeks to process
>timesheets and send payments. As a result, I will not be getting any paychecks in January
>and February, although I have been working during this time. But, I will be getting paid
>for it beginning in March with a 7 week lag between when client was invoiced and my
>paycheck. Would INS at any time perceive that as being out of status? Would it cause any
>problems with my Green Card process? How does INS check if someone's been in status
>during all his stay? Thanks for your response. Kamal
>
>

I am not a lawyer and this is not legal advice. For reliable advice, please consult with a
professional immigration attorney.

For further information, check the following frequently-requested links.

For many questions, you may find answers at http://travel.state.gov/visa_services.html
(Department of State)

or http://ins.usdoj.gov (INS).

For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html

For DOL Faxback status information: http://workforcesecurity.doleta.gov/

For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html

For information on entering the US as a K-1: http://www.k1poelist.com/

For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm

For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html

For non-official information, check:

(When using these sites, and any Web sites, please watch out for privacy, as I do not know
all site operators.)

http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.getusavisa.com
http://greencard-lottery.virtualave.net/ http://www.jcvisa.com (H-1B)
http://www.h1bresources.com (marriage and fiancee) http://www.kamya.com/misc/ (marriage
and fiancee) http://www2.apex.net/users/thehydes http://www.formshome.com
http://www.workpermit.com

This is not an endorsement of any of these Web sites. I am not affiliated with any of the
Web site owners and do not receive nor accept payment in return for listing them, and
typically don't even know them.

(if believe you have a good immigration-related Web site and want your Web site listed
here, please e-mail me).
 

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