Immigration Issues/Immigration

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Question
Dear Sir

I had joined the consulting firm and I am in H-1 B now my consulting firm is not finding me a project and I donot have any pay stub so when I ask my employer to run my payroll my employer said that he has to pay tax every month while running the payroll. Is that true or not.If he doesnot run my payroll I will be out of status.

Thanks
Vijaya


Answer
Dear Vijaya,

You are not maintaining H-1B status if you are not being paid the agreed-upon salary by your employer.

My recommendation is to have another employer file an H-1B petition for you. Alternatively, you may change status to another nonimmigrant status such as visitor (B-2) or student (F-1). In any event, when extending H-1B status through another employer or changing status to visitor or student or any other nonimmigrant status, you should be prepared to show that you are currently maintaining your H-1B status, and this is shown through recent pay stubs. Perhaps your employer will oblige and put you on the payroll at this time to allow you to change employers or change to another nonimmigrant status.

Incidentally, your employer is correct that he has to pay taxes on any salary that he pays you.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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