work2live123 Posted April 23, 2018 Report Share Posted April 23, 2018 I was on a maternity leave for 2months during which i didnt get paid. AFter my break i joined the same client and my employer resumed to pay me on hourly basis as before. Question: now i am travelling to india for h1 stamping , will there be any question regarding the period i was not paid? should i have any documents reasoning that? Link to comment
ashukla Posted April 24, 2018 Report Share Posted April 24, 2018 On 4/22/2018 at 8:34 PM, work2live123 said: I was on a maternity leave for 2months during which i didnt get paid. AFter my break i joined the same client and my employer resumed to pay me on hourly basis as before. Question: now i am travelling to india for h1 stamping , will there be any question regarding the period i was not paid? should i have any documents reasoning that? Ideally you are not suppose to be without pay while on H1B, you should have converted to a dependent visa or moved out of the country. No one can guarantee of this question but I would recommend prepare an answer for this, please consult your immigration attorney if your employer has one or seek help from an outside attorney. Link to comment
care_candidate Posted April 24, 2018 Report Share Posted April 24, 2018 When you don't get paid, it is considered as you did not work. When you did not work, you were out of status. It looks like you and your employer had mutual understanding and did not consult an immigration attorney before this. What's gone cannot be repaired. But now that you are coming in front of officer, unless the payment issue comes, you are fine. In an unlikely event, if it does, you need to explain the situation clearly. You may get some letter from employer explaining what happened. There is no grey area here as you clearly violated. Link to comment
gopalakrishnach Posted April 26, 2018 Report Share Posted April 26, 2018 Ideally you must get paid and maternity leave is a paid vacation as per law. Please be careful as others suggested... Link to comment
hmaster Posted April 27, 2018 Report Share Posted April 27, 2018 During stamping there are 95% or more chances they will ask for recent pay stubs. Maternity leave has to be fully paid for if you were in US on H1. Link to comment
hmaster Posted April 27, 2018 Report Share Posted April 27, 2018 if they ask you, will end up getting stuck in 221g for months and case referred to USCIS for pay violation. So either get 6 months continuous pay stubs or avoid stamping. Link to comment
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