H1B Stamping : Payroll question

[kumar506]

Hello,

 

I am planning to visit India after 3 years to see my parents. I have VISA interview on Nov 9th and Nov 10th.  

 

Here is my situation: My employer did not run the payroll for the month of august' 2015 as I sent the timesheet bit late (Yes, I did work at client's place in the month of august). 

I requested my employer to check with Paychex folks if they can fix this issue by generating a payroll with past date and the outcome of the discussion is - No LUCK. Paychex folks said, "No we cannot generate the payroll for past date (August)."

 

So now my question is What Should I answer to VO in case if they ask to provide pay stubs for last 3 months? 

 

Please provide your valuable suggestion.lease help me, I am kind of scared.

[kumar506]

Any help please.,

[JoeF]

1. You ALWAYS have to answer the TRUTH!

2. On H1, you ALWAYS need to get paid on time, if you get paid hourly, for at least 40 hours/week. Not providing timesheets on time doesn't change that legal requirement.

3. Find a better employer, one who knows the law.

[rahul412]

Hello,

 

I am planning to visit India after 3 years to see my parents. I have VISA interview on Nov 9th and Nov 10th.  

 

Here is my situation: My employer did not run the payroll for the month of august' 2015 as I sent the timesheet bit late (Yes, I did work at client's place in the month of august). 

I requested my employer to check with Paychex folks if they can fix this issue by generating a payroll with past date and the outcome of the discussion is - No LUCK. Paychex folks said, "No we cannot generate the payroll for past date (August)."

 

So now my question is What Should I answer to VO in case if they ask to provide pay stubs for last 3 months? 

 

Please provide your valuable suggestion.lease help me, I am kind of scared.

Simply tell the truth that it was the mistake of HR dept.

[kumar506]

1. You ALWAYS have to answer the TRUTH!

2. On H1, you ALWAYS need to get paid on time, if you get paid hourly, for at least 40 hours/week. Not providing timesheets on time doesn't change that legal requirement.

3. Find a better employer, one who knows the law.

 

Thanks for the inputs JoeF.

 

Can someone please reply to below:-

 

1.Will my H1 status get affected as I didn't have the paystub for the month of August?

2.Though my employer did not pay the salary by running the payroll, but he deposited the company check in my account. Can I answer the same thing to VO ?

3. He said he is going to adjust the taxes in next month paystub. I came to know that this is Illegal and my employer did a mistake here. 

How can I remove this mark from my profile without having any issues?

Please help.

[JoeF]

The important thing is that you get paid. Paystubs are one way to show that. Bank statements could also show that.

As far as the payroll taxes are concerned, that's a somewhat complicated issue. The employer may have to pay a penalty to IRS, but it should not affect you.

[kumar506]

Thanks for your valuable inputs JoeF