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Immigration Issues/H1 to F1 with paychecks but no paystubs

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Question
hi Ajay,

I got my H1 in Oct-09. I am receiving Paychecks every month but my employer is not withholding any tax amount in that.
means i am getting paychecks on my name with out tax withholding. I don't know what to do at this time...i am trying to transfer my H1 to F1 or another H1 but will my paychecks be considered as paystubs?

your advise will be greatly appreciated.

Thanks in Advance,
Nick.

Answer
Hi,

Yes, you can make copy of the checks and they will be considered as paystubs by the USCIS. Generally the USCIS in our experience finds the latest 2 months' of paystubs along with latest W2 as adequate evidence to show that the H1B beneficiary is maintaining his or her status by being paid at least the agreed upon salary as stated in the H1B petition filed by the employer.

You should contact an accountant to ensure that all taxes are paid, and to file a tax return every year.

You can call our law firm during business hours at 212-268-3580 if you have questions, or email info@h1b1.com


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

Immigration Issues

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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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