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Immigration Issues/H1B stamping in Oct without paystubs


QUESTION: Dear Mr. Ramasamy,

My OPT has expired on 24th August, 2007 and my H1B has been approved and will be effective from 1st Oct, 2007.
I was working on my OPT for a consulting company and have PAYSTUBS till the month of April. From the month of May till now I do not have any paystubs.
Can I go for H1B stamping after 1st Oct, 2007 WITHOUT PAY STUBS? I wanted to go for stamping prior to 1st Oct but all the dates are over. Kindly help.

ANSWER: Ishita Desai: I am not sure what kind of help you require, if you do not have pay stubs is it because you are not employed anymore. If so then you are not eligible for H-1 visa. If the situation is different from what you have stated then you need to explain in detail for us to help.

Ramasamy Krishnan

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

QUESTION: Dear Mr. Ramasamy,

I do not have paystubs from the month of May since my project ended in April, and although I am employed with my consulting company, they have not been able to find another project for me yet.
My H1B has been approved and will be effective from 1st Oct, 2007. I only wanted to get it stamped because I wanted to visit India and would require a stamped H1B prior to returning to USA. Rest of my case is illustrated in my first question posted above.

Kindly help.

Ishita: Since you are in OPT and will be leaving the US to reenter on H-1B visa, the lack of paystubs should not be an issue. But I would take extra care in reading anecdotal experiences on obtaining H visa from India and preparing for the interview. You would be required to provide documentation about your employer and if there is current project for you to work on.   

Ramasamy Krishnan

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Ramasamy Krishnan


Immigration particularly business immigration and National Interest Waivers.


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,

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