Impact of - No payroll for 4 months on - H1B stamping in india.

[coolsavy]

Hi,

I came to US in Jan 2011 on L1B through one MNC and in 2012 april i applied for H1B and got it.

In September I resigned my company and staying in US on H1B. I am on bench since october until jan 30 and my employer has not run my payroll for these four months (Oct,Nov,Dec,Jan).

As I got longterm project from Feb1, My employer started running my payroll.

Now I should go to india in May2013 for my marriage and also for stamping.

Will this impact my H1B stamping in any way ? By the time I go for stamping, I will be having 7 continous payrolls in my hand.

Please advice me.

Thanks,

Savy.

[password9]

In most of the cases,the visa officer asks you for previous w2's and pay stubs.

In that case, it would be a problem for you because your w2 shows less amount than the actual salary.

He may ask you the questions like ,why your w2 has less salary than the salary stated in you offer letter etc..

For marginal differences, we can say the reasons like perDiem etc.

But without 4 months of salary ,

it would be difficult to answer his questions.

[JoeF]

On H1, you need to get paid ALL THE TIME. If you don't get paid, you are out of status, i.e., illegal.

If your employer doesn't want to pay you, file a complaint with DOL on form WH4. The DOL will make the employer pay you.

Without getting paid you can not get a visa stamp.

[JoeF]

For marginal differences, we can say the reasons like perDiem etc.

No, "we can NOT say that" unless it actually is true.

A lie would make things worse, up to a lifelong ban.

Rule #1: Never lie to an immigration official!

[rahul412]

In September I resigned my company and staying in US on H1B. I am on bench since october until jan 30 and my employer has not run my payroll for these four months (Oct,Nov,Dec,Jan).

That's a BIG problem. And the ONLY solution is file a complaint against that employer for not paying you when you were on bench.

[coolsavy]

For stamping - Do we need to carry all the paystubs ? Just 6 or 7 is not enough ? is W2 compulsary ?

When I was on L1B, I never got any paystub coz I use to get just perdiems from my last company (Indian MNC), So my H1B started on Oct 2012, so I need just two months W2 and out of two months he ran one payroll for one period in Dec.

Are there any chances of H1B rejection because of missing payroll or W2 ? Did this happend to any one ?

-Savy

[JoeF]

For stamping - Do we need to carry all the paystubs ? Just 6 or 7 is not enough ? is W2 compulsary ?

When I was on L1B, I never got any paystub coz I use to get just perdiems from my last company (Indian MNC), So my H1B started on Oct 2012, so I need just two months W2 and out of two months he ran one payroll for one period in Dec.

That's going to be a big problem.

Per Diem abuse is going to bite you.

[coolsavy]

I got my VISA stamped from hyd consulate without any issues. The only thing they asked me is LCA and client letter.

[rahul412]

I got my VISA stamped from hyd consulate without any issues. The only thing they asked me is LCA and client letter.

That's great.

So, its USCIS and DOS which is not following the immigration rules.

[punter_1234]

@Coolsavy , Are you working on EVC model? I am also planning to go for stamping (L1 - H1 Cos and working on EVC model) . Could you please share more details about your interview.

[JoeF]

That's great.

So, its USCIS and DOS which is not following the immigration rules.

The officers at the consulates have discretionary powers. This may still come back to bite, e.g., for visa renewal, when a different officer deals with it.

[rahul412]

The officers at the consulates have discretionary powers. This may still come back to bite, e.g., for visa renewal, when a different officer deals with it.

well for now, they didn't followed the rules. That's clear here.