Visit India without Paystub

R

RintuG

Registered Users (C)
Hi,
I was working on H1b thru a consulting company. I donot have any client to work for since last four months. My company does not pay me while I am on bench. But they have kept my H1b visa valid. I need to go to India. But when i return to US i need to get my passport stamped without having any paystub for the last four months. Will there be any problem for me to enter US then? If yes what are the measures i can take to avoid it as well as visit India?
Please help.
 
Info

Your employer has to pay you on bench. There is no bench concept under H1. What I know is that most of the employers will cancel the H1 if they cannt keep someone on payroll nowadays. By considering the risk for the Employer, your employer can cancel your H1 anytime. So you have to talk to the Employer about that. If you want to go to India you have to take leave and do it officially. If not, when you come back, the INS can ask all sort of questions.

I did not understand what do you mean by passport getting stamped. Your passport should have a valid H1 visa stamped. If you want to stamp it in US, you have to send to St.Luis with the letter from your employer.

These are some of your options:

1. Talk to your employer about taking leave or something.
2. Get another job in India. Apply for a new H1 if you get a new employer in US in the future.

Good luck.
 
Re:

There is a legal verdict recenty by Labor Judge which
ruled that Employers are law bound to pay salary if they
still kept H1b valid for a future assignment/contract.

Please visit www.immigration-law.com to read
more details.

Back to your problem: You are better of getting a visa
stamped here, if your visa has expired.

If you visit Consulate in India, the chances are
high for asking your Paystubs.

So, consult your employer/attorney.

Mpls, MN
 
Thanks a lot for the replies.
Will I face problem if i stamp my Passport in US without being able to show them my recent paystubs?and thereafter once i visit India , will I be able to return to US without any questions on
non availability of my paystub?
 
When you stamp here in US, you have to get a letter from your employer stating you may travel outside and send to the dept office in St.Luis. The forms, fees and a sample letter is available under 'revalidation of visa' on this website home page. As far as I know they dept. does not need your paystub but they can ask you for more proof. What I have found is doing in US is more safer.
 
You must log in or register to reply here.
Top