Immigration Issues/Immigration

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Question
Dear Sir

Thanks for your free service.

I got my H-1 on Oct through consultancy and my consultancy is not finding me a project and now it been 4 month I am in bench and I am so frustrated I wanted to go back to school only I had the H-1 approval letter and no pay stub so what is the risk of going back to F-1 status.

Thanks
Rupa  

Answer
Rupa,
You have no other alternative than provide the documents that you have if you wish to stay in the US and change to F visa.  You can submit  a letter from your employer stating that you are currently employed. There is a possibility that the USCIS will request for pay stubs or additional documents, but it can be argued that non payment of wages does not mean lack of employer-employee relationship.

On obtaining your F-1 visa you can claim backwages from your employer. And he has to pay up.

Best of luck.
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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