H1 B -pay slip problem

S

srini88

Registered Users (C)
Hi,

My wife and I plan to go to Canada for our H1 B stampings. In her case, she is right now between projects with her old company, and has applied for H1 transfer with a new company. The old company is an Indian employer who does not pay between projects. She has applied for H1 by premium processing.

She has been paid April 15th- April 30th. Not paid from May 1st - May 20th. (old company)
Started work with new company May 21st. Going to Canada June 12th.

Hopefully she should have one pay slip from the new company by then.

Do you see this as a problem at the consulate? Can she explain that she was on leave without pay for 20 days? What is the best way to solve this?

Thanks
srini
 
srini88 said:
Hi,

My wife and I plan to go to Canada for our H1 B stampings. In her case, she is right now between projects with her old company, and has applied for H1 transfer with a new company. The old company is an Indian employer who does not pay between projects. She has applied for H1 by premium processing.

She has been paid April 15th- April 30th. Not paid from May 1st - May 20th. (old company)
Started work with new company May 21st. Going to Canada June 12th.

Hopefully she should have one pay slip from the new company by then.

Do you see this as a problem at the consulate? Can she explain that she was on leave without pay for 20 days? What is the best way to solve this?

Thanks
srini
Click to expand...
If your are so close to your approvals and complications, why do you want to go to Canada for H1 stamping now? Can't you delay it or get it in your home country when you go ...?
 
I would have ideally preferred to do that however I have to go to Canada to complete my landing. Hence I have to complete my H1b stamping in Canada to be able to re enter the US

Thanks
 
Srini

You dont have to go for H1 stamping when ur landing in canada. You can use automatic revalidation to enter back in US if ur citizen of India and as long as ur in possession of current I-94 and returning from canada within 30 days and not applying for a visa during the stay over there.
If you goto state dept website they have section of automatic revalidation where it clearly states the requirement to use automatic revalidation.
 
But if she has current H1 with extended I-94 you can still use automatic reval as it clearly mentions that even though ur visa is in a diferent classification as long as u have curent valid I-94 it should not matter. I94 that we get with h1 approval means that ur status was amended/changed to a different one. So even though she has H4 visa stamp but if she is currently on h1 then it should not be a problem.
 
Thanks. I guess you are right. But I see that even with automatic revalidation they recommend that you have current pay stubs as a precaution.

Thanks again
Srini
 
My wife spoke to her company lawyers and they say automatic revalidation is not possible in her case.

Does anybody have any other suggestions?

Thanks
Srini
 
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