amansahai Posted April 20, 2014 Report Share Posted April 20, 2014 Storyline : My wife came to the US on an H4 stamp. Got a job here and got it converted to H1(just has I797 no stamping). Lost her job and the company did not generate Pay stubs for 3 months. After 3 months we applied for H1 to H4 conversion. USCIS sent us a query for the last 3 pay stubs which we don't have. Now the option left is go to India and get it stamped. (Please let me know if this is safe) Now the last Visa stamp which she has is an H4 from my current company. Is she eligible for a visa drop off or not(as its the same company and she is reapply for the same Visa Category i.e.H4 . Also does she need to provide her Current I797. Please let me know Link to comment
rahul412 Posted April 20, 2014 Report Share Posted April 20, 2014 Storyline : My wife came to the US on an H4 stamp. Got a job here and got it converted to H1(just has I797 no stamping). Lost her job and the company did not generate Pay stubs for 3 months. After 3 months we applied for H1 to H4 conversion. USCIS sent us a query for the last 3 pay stubs which we don't have. Now the option left is go to India and get it stamped. (Please let me know if this is safe) Now the last Visa stamp which she has is an H4 from my current company. Is she eligible for a visa drop off or not(as its the same company and she is reapply for the same Visa Category i.e.H4 . Also does she need to provide her Current I797. Please let me know No that's not the right option. You need to file a complaint against that employer for not paying the salary. You might be H4 visa now, but might be in trouble in future if she files for H1 again. Link to comment
amansahai Posted April 20, 2014 Author Report Share Posted April 20, 2014 Also is going to India the only option or do I have a choice. Link to comment
jairichi Posted April 21, 2014 Report Share Posted April 21, 2014 Storyline : My wife came to the US on an H4 stamp. Got a job here and got it converted to H1(just has I797 no stamping). Lost her job and the company did not generate Pay stubs for 3 months. After 3 months we applied for H1 to H4 conversion. USCIS sent us a query for the last 3 pay stubs which we don't have. Now the option left is go to India and get it stamped. (Please let me know if this is safe) Now the last Visa stamp which she has is an H4 from my current company. Is she eligible for a visa drop off or not(as its the same company and she is reapply for the same Visa Category i.e.H4 . Also does she need to provide her Current I797. Please let me know She can file a complaint with DOL against employer and get those unpaid salary and also move from H1B to H4. Even if she goes to home country for stamping it will not be an issue. Link to comment
t75 Posted April 21, 2014 Report Share Posted April 21, 2014 She should file a complaint with the DOL about the employer. Link to comment
amansahai Posted April 21, 2014 Author Report Share Posted April 21, 2014 Would going to India and getting a H4 stamping, will that be an Issue. Will she face problems regarding pay slips there too. Please let me know Link to comment
jairichi Posted April 21, 2014 Report Share Posted April 21, 2014 Would going to India and getting a H4 stamping, will that be an Issue. Will she face problems regarding pay slips there too. Please let me know She can get her H4 stamping without any issue. Why is she afraid to file a complaint with DOL? Link to comment
rahul412 Posted April 21, 2014 Report Share Posted April 21, 2014 Would going to India and getting a H4 stamping, will that be an Issue. Will she face problems regarding pay slips there too. Please let me know You need to understand the problem. On H1 person has to get paid EVERY month, if not he will be out of status. By attending your visa interview India will not resolve your issue. You attend the interview at any consulate, they have same information. Why are you not filing a complaint against that employer?? Link to comment
JoeF Posted April 21, 2014 Report Share Posted April 21, 2014 On H1, she needed to get paid. Going to some consulate doesn't change that. The consulate checks for that as well. She needs to file a WH4. Link to comment
areddy1234 Posted April 21, 2014 Report Share Posted April 21, 2014 Storyline : My wife came to the US on an H4 stamp. Got a job here and got it converted to H1(just has I797 no stamping). Lost her job and the company did not generate Pay stubs for 3 months. After 3 months we applied for H1 to H4 conversion. USCIS sent us a query for the last 3 pay stubs which we don't have. Now the option left is go to India and get it stamped. (Please let me know if this is safe) Now the last Visa stamp which she has is an H4 from my current company. Is she eligible for a visa drop off or not(as its the same company and she is reapply for the same Visa Category i.e.H4 . Also does she need to provide her Current I797. Please let me know Basically your wife was out of status during those 3 months in US. This is going to be an issue at any US consulate she might want to go now and also in future for ANY visa stamping (including during GC processing). The best option left is, to complain to DOL against that fraud employer and have a copy of that complaint to have your backs covered. This might help in log run. Also, contact a good immigration attorney and go ahead with it accordingly. Thanks, Areddy. Link to comment
Aleti78 Posted August 3, 2014 Report Share Posted August 3, 2014 amansahai How did you resolve this issue? Can you plz let me know. We are in same boat Link to comment
JoeF Posted August 4, 2014 Report Share Posted August 4, 2014 amansahai How did you resolve this issue? Can you plz let me know. We are in same boat The same advice applies: file a WH4. Link to comment
rahul412 Posted August 4, 2014 Report Share Posted August 4, 2014 amansahai How did you resolve this issue? Can you plz let me know. We are in same boat You need to file a complaint. That's the ONLY option you have to stay in US legally. Link to comment
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