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work2live123

Leave-No pay H1 stamping

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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?

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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.

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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.

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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.

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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.

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