H1B: H-4 without Payslips

[prasannah4]

Hi,

 

I came to US on H4 Visa in 2012 (didn't visit India after that) and got H1B in oct 2014, but didn't work till today. I was in maternity leave. Now I want to change my status from H1B to H4 without any Pay-slips.

Can any one know how to do without pay-slips?  

 

My employer is going to revoke H1B this month end.

Can I stay in US and apply for it? Will it be more complicated without pay-slips?

 

Is I must go back to India for that?

 

 

Appreciate in advance for your help.

 

Thanks

Prasanna

[jairichi]

You need to file a complaint against employer with DOL for not paying your salary. Otherwise your COS application to H4 will be denied.

[jairichi]

To add to my response you are currently out of status.

[prasannah4]

You need to file a complaint against employer with DOL for not paying your salary. Otherwise your COS application to H4 will be denied.

Hi Jairichi,

 

thanks for your response.

what is DOL, how to go safely to H4. 

Please appreciate for with details. whom to contact or how to reach?

 

Th

[jairichi]

Hi Jairichi,

 

thanks for your response.

what is DOL, how to go safely to H4. 

Please appreciate for with details. whom to contact or how to reach?

 

Th

You cannot be on maternity leave for so long on H1B and not being paid by employer. Since you were not paid you are out of status. To be able to apply for COS you need to provide pay stubs which you do not have. So, you need to file a complaint against employer with Department of Labor (DOL) using form WH4. This will help you apply for COS and also to get all your salary dues. You need to look up at DOL website and get additional details.

[prasannah4]

You cannot be on maternity leave for so long on H1B and not being paid by employer. Since you were not paid you are out of status. To be able to apply for COS you need to provide pay stubs which you do not have. So, you need to file a complaint against employer with Department of Labor (DOL) using form WH4. This will help you apply for COS and also to get all your salary dues. You need to look up at DOL website and get additional details.

Hi Jairichi,

 

Unfortunately i can not file on employer.

My employer ready to give payslips for 2 months.

 

Is it sufficient to apply for H4 and to file tax return or W2 ?

I am living in CA and my employer in NJ, is it must to write their address on Wh4?

 

how to fill Wh4?

 

Please appreciate your response.

 

Thanks

[JoeF]

Hi Jairichi,

 

Unfortunately i can not file on employer.

My employer ready to give payslips for 2 months.

 

Is it sufficient to apply for H4 and to file tax return or W2 ?

I am living in CA and my employer in NJ, is it must to write their address on Wh4?

 

how to fill Wh4?

 

Please appreciate your response.

 

Thanks

 

Fake payslips would only make it worse.

You need to get paid for real. And also no "paying it back" fraud. That kind of stuff would be a felony.

And if the employer doesn't want to pay you, you need to file a complaint with DOL.

Why don't you want to do that?

[jairichi]

Hi Jairichi,

 

Unfortunately i can not file on employer.

My employer ready to give payslips for 2 months.

 

Is it sufficient to apply for H4 and to file tax return or W2 ?

I am living in CA and my employer in NJ, is it must to write their address on Wh4?

 

how to fill Wh4?

 

Please appreciate your response.

 

Thanks

That is immigration fraud. Do not even think to do that. File a complaint with DOL. Take the help of a labor attorney.