H1b Status without payroll..Pls help....

[unirocks]

I have recently made a change of status (Cos) from H4 to H1b...My employer is not able find a project for me...I have asked my employer to run my payroll so that it will helpful for me to change back to H4 again as immigration needs paystubs for change of status...But my employer is saying that he hasnt added me to his payroll yet...He is saying that i am ok with my status until he adds me to the payroll...He also said that its only when once i will added to the payroll he has to run the payroll continously without stopping...So before adding me to the payroll i can stay on h1b as long as i can...Is this true? Is there any H1b law like that..Pls advice...What can i do to come back to h4

 

[ginnu]

I have recently made a change of status (Cos) from H4 to H1b...My employer is not able find a project for me...I have asked my employer to run my payroll so that it will helpful for me to change back to H4 again as immigration needs paystubs for change of status...But my employer is saying that he hasnt added me to his payroll yet...He is saying that i am ok with my status until he adds me to the payroll...He also said that its only when once i will added to the payroll he has to run the payroll continously without stopping...So before adding me to the payroll i can stay on h1b as long as i can...Is this true? Is there any H1b law like that..Pls advice...What can i do to come back to h4

Your employer is giving to you wrong info and you are out of status.
If employer generate one pay stub USCIS can still deny your H1 to H4 COS.
If you have valid H4 visa stamp and your spouse is still on H1 status then go out of US and enter on H4 status.