You are here:

Immigration Issues/Regarding h1 to h4 without pay stubs

Advertisement


Question
QUESTION: Hi ,

I came on H4 to U.S in Dec 2011 which was valid till Dec 2012 with valid visa stamp till dec 2012 . Before its expiry I got the h4 extended till dec 2013  ...I applied for a h1b meanwhile and got it approved in Jan 2013 which is approved till sep 2015 ..though I never got any project to work on and hence I have no paystubs with me . My employer later revoked my h1b in jun 2013 ..now If I go to india to return on H4 what are my chances ? Would the VO ask for pay stubs (which I dont have ) and what are the other documents needed ? Due to my ignorance if I missed any issue please let me know the possibilities ? I am looking to travel to India in next 3-4 days...just to tell my point one more time that I never worked on h1b and hence have no pay stubs , what could be the possible documents required ?

Any advice would be greatly appreciated .

Please respond back asap treating this very urgent ...thank you

Neha

ANSWER: You may bring the complete set of packet sent to USCIS for your H1, the receipts and approval notice w/I-94; you may also bring with you letter from your employer suggesting lack of project and hence no work performance.  

If the question comes up you do have a cogent explanation of no pay-stubs; so, to my understanding all should be fine. You may show evidence/documents only upon request.  

Also, make sure that you leave ASAP because with COS from H4 to H1 you basically got your H4 cancelled.

Best wishes,

---------- FOLLOW-UP ----------

QUESTION: Hi Ajay Singh ,

Thank you so much for your prompt response . Its been very encouraging .

I am taking all the documents that I have regarding H1 ( receipt , approval notice , i-94 ) . My employer is not willing to co-operate , infact he is not replying to any calls or emails , so I dont have any letter from him suggesting lack of project .Is if there anything else that I can do to prove my point to the Visa Officer , please let me know .

I am leaving day after tomorrow to India for the H4  visa appointment scheduled in next week .

Neha .

Answer
Sorry for late response, Neha; you probably have left by now - anyways, just take what ever you can. In case letter from the employer is required you can file a complaint against him with the state department and USCIS for violation (Hope you do not need to do so!)

Best wishes,  

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


AJAY SINGH

Expertise

Questions regarding Immigration to United States, including Removal/Deportation Proceedings, Asylum; Green Card through Family (Fiance/ee Visa, Spouse, Children, Parents, Siblings); Green Card through Employment (Labor Certification - PERM, Extra Ordinary Ability - EB1, Religious/Entrepreneur - EB4/EB5); Non-Immigrant Visas - H1B, L1, F & M, J1, J1 waiver, Humanitarian relief (Cancellation of Removal, Prosecutorial Discretion, TPS, Dream Act); Hardship Waiver (I-601/212) etc., are welcome.

Experience

Dealing with clients seeking immigration help since year 2001. Main area of practice is Immigration Law.

Organizations
Member - AILA. Bar Council of India.

Education/Credentials
LL.M - Benjamin N. Cardozo School of Law, NY. LL.B - Campus Law Center, University of Delhi, New Delhi.

©2016 About.com. All rights reserved.