URGENT: H4 to H1 visa stamping...Please Advice

T

Tanishq02

New Member
My wife came to US on H4 in APR 2005. She got her H1B approved through a consulting firm last year, which started from OCT 2006. But actually she started working from APR 2007, as her consultant was not able to place her on any project from OCT 2006-APR 2007. She don't have any pay stubs for this period and also she don't have her last year's W2 form. Now she has to do her H1B stamping during our travel to India this NOV. Will the absence of pay stubs for particular period and W2 form create problem for her stamping? What should she say if they ask about it? Any other solution/options?
FYI...I am currently on H1B and my wife has all the pay stubs from APR 2007 to SEPT 2007.
 
Just to give an update...they didn't asked her anything about her pay stubs and W2s...fortunately everything went smooth :)...I hope it goes smooth with all who are having the same issue...
 
My friend also in the same situation for 2007 as your wife. But the problem is she won't be having paytubs until jan 08 and has to go india for sure. what are the options?
 
There may be a few points to gloss over:
-h4 person is dependent on their h1b spouse and unlikely to be public charge unless the h1b spouse is not being paid by the employer; in which case, they are both likely to become public charge. The visa officer is asking you for the paystubs not to give you hard time, but to make sure that you are not likely to become public charge.
-if h4->h1b conversion has occurred and the person is not getting paid, the best thing to do is to apply for COS back to h4. Alternatively, you can always go to US border and re-enter using h4 visa stamp; in which case your status is h4. Then you can apply for COS back to h1b as soon as a paying employer is found. You do not have to worry about the h1b quota in such case. If you were counted towards h1b quota, you will not be counted again for six years thereafter.
-visa officers in canada\mexico will use their discretion in granting\denying h1b visa stamp. However, if one has h4 visa stamp, it is not very likely that it will be cancelled if h1b visa stamp is denied; just so the person can re-enter using the h4 stamp and be with the spouse.

When someone converts from h4->h1b, they need t o start working and be paid for that by the employer (from the date specified on the I94 that comes with COS approval). So theoretically, all the documents w2, paystubs, etc are a must to have and the visa officer can ask for such documents. Failure to produce such documents may lead t o denial of visa and cancellation of h4 visa stamp.
 
Thanks to tusharvk!
My friend had only 1 paystub in 2007 and a w2, but eligible to work from mid nov 2007, is there many chances of H1B denial?
 
tusharvk said:
The visa officer is asking you for the paystubs not to give you hard time, but to make sure that you are not likely to become public charge.
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Not just that, but to determine that validity of the job. If you have been in H-1 status working for an employer for several weeks or months, it is not unreasonable to expect paystubs or other evidence of payment. If they cannot be produced, the legitimacy of the job (and the H-1 petition) may be called into question.

if h4->h1b conversion has occurred and the person is not getting paid, the best thing to do is to apply for COS back to h4.
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That might be risky, since USCIS will want evidence that one has been maintaining valid H-1 status. If they ask for it and it cannot be provided, they will deny the COS and start the illegal presence clock.

When someone converts from h4->h1b, they need t o start working and be paid for that by the employer (from the date specified on the I94 that comes with COS approval). So theoretically, all the documents w2, paystubs, etc are a must to have and the visa officer can ask for such documents. Failure to produce such documents may lead t o denial of visa and cancellation of h4 visa stamp.
Click to expand...

Quoted for emphasis.
 
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