H1B to H4 port of entry or COS - pay stubs required?

[h1toh4paystubs]

My wife has got her new H1B approved and it is valid from Oct 1. She is currently on H4.  Her new employer says that they would not give any pay stubs until she gets a project. They are asking her to provide leave letter for the months when she is on bench. If she wants to visit India, they are asking her to go in H4.

 

1. Will the lack of pay stubs cause a problem for change of status from H1b to H4, if we decide to move back to H4? Will it cause a RFE for the COS filing?

 

2. If we decide to visit India on H4, will the lack of pay stubs cause problem during H4 visa stamping or in the port of entry during the return trip?

 

3. Is there a way to avoid the RFE or any trouble due to the lack of pay stubs?

 

Thanks in advance!!

[jairichi]

An employee on H1B has to be paid every months irrespective of being on bench or project. If the employer does not pay her then she has the right to file a complaint with DOL. If you are sure that the employer is not going to pay start looking for a good employer from now to begin work from October.

[omshiv]

Leave that shady fraud employer..your wife's status will be in big trouble if she does not get paid every month on H1B. Read the forum to find out the consequences of people who had done something similar.

[rahul412]

My wife has got her new H1B approved and it is valid from Oct 1. She is currently on H4.  Her new employer says that they would not give any pay stubs until she gets a project. They are asking her to provide leave letter for the months when she is on bench. If she wants to visit India, they are asking her to go in H4.

 

1. Will the lack of pay stubs cause a problem for change of status from H1b to H4, if we decide to move back to H4? Will it cause a RFE for the COS filing?

 

2. If we decide to visit India on H4, will the lack of pay stubs cause problem during H4 visa stamping or in the port of entry during the return trip?

 

3. Is there a way to avoid the RFE or any trouble due to the lack of pay stubs?

 

Thanks in advance!!

You need pay-stubs if you are on H1. That employer is FRAUD, he is suppose to pay every month even when you are on bench. Find another employer if not you will be in trouble for not getting paid.

[pontevecchio]

You should discuss this issue with a Lawyer. She needs to get in touch with the DOL and ask for help in view of the illegal methods employed. Next time have her apply for a job which EVEN you would consider. The more things change the more they remain the same. Like the vetal

[JoeF]

My wife has got her new H1B approved and it is valid from Oct 1. She is currently on H4.  Her new employer says that they would not give any pay stubs until she gets a project.

Illegal.

A person on H1 needs to get paid ALL THE TIME, even on bench.

 

They are asking her to provide leave letter for the months when she is on bench.

Also illegal.

Such fake leave-of-absence letters don't work.

She needs to get paid ALL THE TIME on H1. Period.

 

That employer obviously is shady.

She needs to find another employer.

 

3. Is there a way to avoid the RFE or any trouble due to the lack of pay stubs?

The ONLY way is to get paid ALL THE TIME on H1. That's the only way to avoid trouble.