H1B_No_Paystubs Posted August 8, 2018 Report Share Posted August 8, 2018 Hi, I am currently on H1B and I-797 valid till Sep-2018 and currently in US.( valid I-94 till sep-2018 ) . As my employer is not providing paystubs for last 2-3 months , lawyer suggested me to travelling to my home country to convert to H4 through consular processing interview. Current Project is ongoing . My spouse has I-140 approved and so i am planning to continue my work in H4-EAD. Q1. Can i apply H4 EAD together with my H4 consular processing or should i have to be back in US on H4 status ( with valid I-94 ) to apply for EAD. ? Appreciate your response. Link to comment
JoeF Posted August 8, 2018 Report Share Posted August 8, 2018 First, on H1 you have to get paid all the time. If the employer doesn't pay you, file a complaint with DOL on form WH4. Second, the EAD would only be processed once you are in H4 status. So there will for sure be a gap where you can't work. Link to comment
Provence Posted August 8, 2018 Report Share Posted August 8, 2018 The employer is breaking the law by not paying you, a violation that legally identifies you as unemployed, which in turn risks your H1b status. As mentioned above, if you are employed but not being paid, file a complaint with DOL asap to report the violation. Link to comment
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