If I came to the US a month ago but the projectI was hired for couldn’t start so my payroll has not yet been generated, am Iout of status?

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If I came to the US a month ago but the projectI was hired for couldn’t start so my payroll has not yet been generated, am Iout of status?

Asked on January 17, 2012 under Immigration Law, Virginia

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Technically, yes, you are out of status if you are not getting paid.  However, there is probably not much you can do about it if the employer does not put you on a project.  Legally, you should be getting paid even if you are not on a project but practically speaking very few consulting companies comply with these rules. 


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