H1B Backdated approval - should I get paid during this period (NPT processing period)

USA H1B
1

Hello,

I have a question on my H1B backdated approval issue, My employer filed NPT petition to address my H1B backdated issue.

Query here is : Once my petition approved(without any gap meaning validity starts from the next day of Backdated approval date and ends up to my original I-797 period), should I get paid during this period(NPT processing period) as I am not working as per Attorney/Employer advise.

Appreciate your response.

Thanks

2

Hi @sps

What has your attorney recommended with respect to working during this period?

You have to share the full information to get any meaningful answer here.

3

Hello Anil,

My employer told me not to work until my Nunc Pro Tunc(NPT) petition approval.

Here are details : We filed H1B amendment and got backdated approval in 1st Week of May’20, my H1B validity ends at 30th Apr’20 as per this I-797.

Hence filed Nunc Pro Tunc(NPT) petition in the second week of May’20 to get my full H1B validity as per original H1B approval which ends in 2021.

As per Attorney, hope to get my petition approved with H1B validity starts from 1st May’20 to end of 2021(as per original H1B validity).

The Query here is, what would be the payroll status during this period(from 1st May’20 until NPT petition approval), currently I am not on pay and what is the chance of re-initiate the payroll by my Employer for this period once my NPT approved(assume without any GAP in the date, my petition gets approval).

If not paid even after approval, Is this valid(H1B employee without pay for more than 2 months).

I appreciate your response.

Thanks,
-sps

4

If you are not working, the offcourse your Employer will not run payroll for that period.

Normally, you should not work while NPT is pending as there is no guarantee that it will be approved. That’s the reason they have asked you to not work to avoid issues later.

Your status will be counted legal if NPT is approved.

5

Hello Anil,

Thanks for the reply.

One good thing here is that Yesterday evening, I got the E-approval email from Immigration team that NPT is approved(Validity starts : 01-May-2020 and ends at Apr’21).

In this case, what is the rule for May,June and July’20 payment.from my Employer.
If not paid, whats the impact as a H1B employee.

Appreciate your response

Thanks,
-sps

6

Hello Anil,

I would appreciate if you could respond on my above query.

Thanks.

7

I have already replied earlier. Not sure what else can i add here.