pay stub not run during india visit..please suggest

[h1bvsa]

Hi,

My Employer didnt ru nthe paystub as I'm in India(for one month), will this be vaild?

also , my h1b intvw is under 221G....please let m eknow how missing paystub effects , if I go back to US.

thanks

[hmaster]

You only need to get paystubs for your time in the US - once you are out of the US, you don't need any paystubs as there is no question of maintaining any status

[nv1234]

Same is happening with me. I also don't know

[popeyeg]

I think its wrong. If you are an employee of company, you are entitled for paid vacation, so if you are in India on vacation or any reason, your payroll should run as paid leave.

its understandable that once you are out of US, you are not required to maintain any status. But it is implied that you will be in status when enter back in country. You don't have to apply for new H1-B when you return back. because law assumes tha you are still an employee when you join back.

But the moment your company stopped your payroll, technically it means you are not working for that company. Better analgy will be like "you are on bench" and your company decided not to pay you till you get job. that's the violation of your H1-B Visa.

Because employer bound by law to pay you, whether you are at client site or at your company's office.

I am not lawyer, but this is what my logic tells me. May be someone will clarify more. My company NEVER stopped running my payroll, whether I am on business or pleasure trip out of country.

[JoeF]

I think its wrong. If you are an employee of company, you are entitled for paid vacation, so if you are in India on vacation or any reason, your payroll should run as paid leave.

That depends. Paid vacation in the US is often only 2 weeks. The OP said he was out of the US for a month. So, that then would likely have been an unpaid leave of absence.

[popeyeg]

I couldn't edit my post above. But I want to clarify few of the statements :

Better analgy will be like "you are on bench" and your company decided not to pay you till you get job. that's the violation of your H1-B Visa.

Better analogy is like "you are on bench" and if your company decides not to pay your wages till you get your next assignment or project. Tha'ts violation of your H1-B Visa condition. Every company is bound by law to pay wages to their employee.

[JoeF]

I couldn't edit my post above. But I want to clarify few of the statements :

Better analogy is like "you are on bench" and if your company decides not to pay your wages till you get your next assignment or project. Tha'ts violation of your H1-B Visa condition. Every company is bound by law to pay wages to their employee.

If the person is in the US in H1 status, yes. Then the person has to get paid all the time.

But a person who is abroad is by definition not in any status, so there is no H1 violation if a person is not paid while abroad.

Of course, an employer who forces his employees to go abroad to avoid paying the employees on bench is rather unethical, and I would look for another employer. But the OP did not indicate that this was a forced leave of absence.