H1b-H4 urgent Help needed

A

alpabhatt

New Member
Hi,

I wanted a big help from you regarding my H1B. This whole year I did not get any pay stub as I was not able to get project. Now I requested my employer for 2 months pay stubs. But he is saying that its not going to help as while on H1B I would have to earn whatever mentioned in labor. So either take pay stub of full year through thrid company, which would cost me almost 50% of my pay or covert to H4.

Now I have few questions.

1> If I take this 2 months pay stub and file W2, is it going to be questionable in future for earning less? Is there a way we can justify this except medical letters as this will not be possible here?

2> If I covert to H4 do I need pay stub? If yes then again while filling W2 same problem as in 1 ?

3> If I go to India and file for H4 from there, would I be still needing pay stubs as I was on H1B here?

4> While filling green card through Pratin as dependent, do I have to show the work history for me or just Pratin's work history is fine?

5> Now suppose I convert to H4, can I file for extension for H1B in future if I want to work again? Do you know anything about this process?

6> Can you suggest me some way to be out of this trouble?

Thanks a lot.
-Alpa
 
alpabhatt said:
Hi,

I wanted a big help from you regarding my H1B. This whole year I did not get any pay stub as I was not able to get project. Now I requested my employer for 2 months pay stubs. But he is saying that its not going to help as while on H1B I would have to earn whatever mentioned in labor. So either take pay stub of full year through thrid company, which would cost me almost 50% of my pay or covert to H4.

Now I have few questions.

1> If I take this 2 months pay stub and file W2, is it going to be questionable in future for earning less? Is there a way we can justify this except medical letters as this will not be possible here?

2> If I covert to H4 do I need pay stub? If yes then again while filling W2 same problem as in 1 ?

3> If I go to India and file for H4 from there, would I be still needing pay stubs as I was on H1B here?

4> While filling green card through Pratin as dependent, do I have to show the work history for me or just Pratin's work history is fine?

5> Now suppose I convert to H4, can I file for extension for H1B in future if I want to work again? Do you know anything about this process?

6> Can you suggest me some way to be out of this trouble?

Thanks a lot.
-Alpa
Click to expand...

Do you have pending I485? If not would you please post this under H visa in this forum?
H1 status will give you right to have the salary mentioned in the labor and termination of H should go through certain procedure with consequences on your employer and for sure on you. And how you convert to H4? Do you have spouse who is H1?
 
alpabhatt said:
Hi,

I wanted a big help from you regarding my H1B.
This whole year I did not get any pay stub as I was not able to get project.

Now I requested my employer for 2 months pay stubs. But he is saying that its not going to help as while on H1B I would have to earn whatever mentioned in labor. So either take pay stub of full year through thrid company, which would cost me almost 50% of my pay or covert to H4.

Now I have few questions.

1> If I take this 2 months pay stub and file W2, is it going to be questionable in future for earning less? Is there a way we can justify this except medical letters as this will not be possible here?

2> If I covert to H4 do I need pay stub? If yes then again while filling W2 same problem as in 1 ?

3> If I go to India and file for H4 from there, would I be still needing pay stubs as I was on H1B here?

4> While filling green card through Pratin as dependent, do I have to show the work history for me or just Pratin's work history is fine?

5> Now suppose I convert to H4, can I file for extension for H1B in future if I want to work again? Do you know anything about this process?

6> Can you suggest me some way to be out of this trouble?

Thanks a lot.
-Alpa
Click to expand...
That is not your problem to get project or not on project. Why you ask 2 months pay stub? Ask the full salary according to LCA and employer needs to pay you. US employer filed H1 for you and you were on H1 status of employer and the employer needs to pay you. It is not your job to find project. Bench/ Table is not allowed. Why you should take pay stub from third company? You are not on H1 status of third company. Employer violated H1law/regulation by not paying you. Ask the full payments for the year from the employer. If that employer is not paying you file complaint against that employer with DOL. DOL will recover your full wages and employer will be fined and may be barred from filing future H1. Keep the copy of complaint you file with DOL. If you want to transfer H1 then new employer can file H1 transfer and can attach the copy of your complaint to DOL with H1 transfer petition.

You can get H4 visa if go out and your spouse is on H1 status.

If filing derivative I-485 in US (final step of GC) after entry to US on H4 visa with your spouse I-485 then no problems.
 
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