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Question
My H1-B started on October 1st 2008. My employer made me pay for the visa filing and made me sign a contract (1 yr services and $15,000 fine if contract is breached. He has not paid me yet(no paychecks/stubs). He hasn't given me my H1-B approval documents.
1. He is asking me to sign a letter of absence. Is it legal without any medical certificates to support it? Can it be used as a substitute to pay-stubs when it comes to transferring H1 or COS to any other status?
2. If I had go to DOL to get paid, but wouldn't I be at loss because of the contract that I signed with him:( ??
3. When a complaint is filed with DOL, can I apply for change of status/ transfer when the case is pending?
4. If I file for COS to H4 and look for a job and get an H1-B employee to sponsor my H1. (Quota Exempt), and If  H4 isn't approved yet can the process of converting back to H1 started immediately? How long does it take?
5. If it comes to COS to H4 or H1-B transfer without pay-stubs does consular processing stand a better chance for this than Change of Status
6. Can the employer pay me at a later date for the earlier period ? Is it legal?

Answer
Neha,
1) You cannot sign a letter of absences if it is not true.
2) NO, because the employer has breached the contract by not paying as agreed upon.
3) You can but I would suggest that you contact the attorney who will be filing your H-1B
4) I do not know the answer to this. YOu need to look at the processing times given at www.uscis.gov
5) It would not matter if it is consular processed or not. Both the USCIS and the US consulate may ask for your pay stubs.
6. I cannot provide answers to go around the regulations.

Sincerely,
Ramasamy Krishnan
www.ashleykrishnan.com

Immigration Issues

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Ramasamy Krishnan

Expertise

Immigration particularly business immigration and National Interest Waivers.

Experience

I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan, www.ashleykrishnan.com

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