I am recently released from my R1 duties. My employer asking me to support myself without pay for sometime. They are coming up with new praying facility in about 1 year. They will appoint me there.
I am ok with this proposal of my employer. I have enough resource to support myself.
Can my employer keep my R1 visa status valid without paying me? And can I stay legally in USA during this period? My W2/Tax return will reflect that I was not paid. Will it create trouble for my GC or new R1 visa in future?
If this is the case and you are not working pursuant to the terms of an R1 Visa, you will be out of status. You need to retain an experienced immigration attorney quickly. Immigration is a very complex area of law. It is a lot more than merely filling out forms. You need to retain an immigration attorney to handle all immigration proceedings. This prevents errors that can sometimes prove costly and may even be irreversible. You should always seek to obtain the best attorney that you can afford and not let geographic restrictions stand in the way. Some immigration attorneys will charge a consultation fee, however those that do so, will give full credit if you retain their law firm. Do not let geographic restrictions prevent you from obtaining the best possible attorney. Pick the best lawyer you can find and remember one rule: a good lawyer is generally never cheap, and a cheap lawyer is generally never good so don't choose based on price. Good luck.
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No. You are out of status. YOu will need a new R1 visa in the future when a new facility is available. IF you want to preserve your ability to receive that visa, you need to depart the US and apply again in the future. If you remain in the US for one year without status, you will not get a new visa.
Because you are not complying with the terms of the R1 visa you are out of status and need to (a) depart US, so not to continue accumulating unlawful presence or (b) find a new petitioner. Also, note, the employer may have post-adjudication site visit and where fraud is found there are consequences.
Immigration Law, Adjunct Professor at The John Marshall Law School (2014-2017). The answer above is intended to provide only general legal information and does not create an attorney/client relationship. This answer is no substitute for a consultation with an attorney concerning the precise facts of your matter, and you should speak with a qualified, knowledgeable attorney to review all the facts in your case and obtain advice specific to your matter. Only when you formally retain me for specific legal work is an attorney/client relationship created. If you found this answer to be “Helpful” or to be the “Best Answer,” kindly mark it as such. Julia Sverdloff, Esq.
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