H4 stamping without H1B paystubs

[udayshankar1182]

My wife was on H4 status and she got converted to H1B status from Aug 2016. Her employer is not sharing pay stubs and we would want to get rid of this employer by going to India and get H4 stamping. Will the visa officer ask for pay stubs during her H4 interview or would she be asked to produce H1 paystubs at Port of Entry even if she want to enter on H4 status?

[JoeF]

Does she get paid properly?

In most states, the employer has to provide the employees with pay stubs.

 

[pontevecchio]

She can leave soon and return with a H4 visa. Why are you not following the law and complaining to the DOL?

[udayshankar1182]

2 hours ago, pontevecchio said:

She can leave soon and return with a H4 visa. Why are you not following the law and complaining to the DOL?

Not knowing completely about the impacts of complaining with DOL, we don't want to go that route. That's why we are thinking of to go to India and get back on H4 status to avoid any confusions. Please let me know if I am taking a right step.

[udayshankar1182]

16 hours ago, JoeF said:

Does she get paid properly?

In most states, the employer has to provide the employees with pay stubs.

 

She is not getting paid. Employer claims that they are processing her payroll, but they are not sharing any details like copy of check or pay stub etc

[premkalyan521]

21 hours ago, udayshankar1182 said:

My wife was on H4 status and she got converted to H1B status from Aug 2016. Her employer is not sharing pay stubs and we would want to get rid of this employer by going to India and get H4 stamping. Will the visa officer ask for pay stubs during her H4 interview or would she be asked to produce H1 paystubs at Port of Entry even if she want to enter on H4 status?

For H4 Visa Interview for your wife , the VO can ask about your H1 Visa Details and Your Paystubs. 

There is a possibility that the VO can ask your wife about her previous stay and Visa In US and then can ask abt her pay stubs during her h1 stay.

 

Generally for H4 Visa Interview , they want to see the pay stubs of the primary applicant that is Your H1 Visa (i797 copy) or your pay stubs

 

 

Note: Please do update this thread once your wife clears he H4 visa stamping

[pontevecchio]

No impact if you complain to the DOL and this is even if you gave them money to file.  If you work for a well known company her H4 visa will be no issue.  Complaining may let her stay and change employers. Complaining may help if she is asked about her stubs when on H1 status.

[JoeF]

On 09/21/2016 at 11:50 AM, udayshankar1182 said:

Not knowing completely about the impacts of complaining with DOL, we don't want to go that route. That's why we are thinking of to go to India and get back on H4 status to avoid any confusions. Please let me know if I am taking a right step.

The is no negative impact.

Filing a complaint on WH4 is the right thing to do and helps you.

[udayshankar1182]

After multiple follow ups, her employer has told that he will send the pay checks if I pay the entire money upfront. Even in that case he told that he won’t share the pay slip/stub. If i pay the amount and get those checks, would those checks be sufficient to prove that my wife has maintained proper H1 status during her H4 interview?

[rahul412]

18 hours ago, udayshankar1182 said:

After multiple follow ups, her employer has told that he will send the pay checks if I pay the entire money upfront. Even in that case he told that he won’t share the pay slip/stub. If i pay the amount and get those checks, would those checks be sufficient to prove that my wife has maintained proper H1 status during her H4 interview?

 

If you pay money then you will be in trouble for breaking the law. Best approach is to file a complaint against that FRAUD employer, you don't even have to go to DOL office to file a complaint, you can do it online and it won't waste your time in future either.