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  • H1B extension stamping

    Hello, I came to USA in Nov 2013. My first paycheck was in march 2014 ( no paycheck for 3 months). Since then I had paychecks without any gaps. I had h1b transfer approved in Nov 2014 for full time position. My visa is expiring in sep 2016 and my employer will be filing an extension. My question is, if I go to India after my extension, I need to go for stamping. Will there be any problem since I did not had first 3 months paycheck after I came to USA?

  • #2
    Originally posted by Naga Vardhan View Post
    Hello, I came to USA in Nov 2013. My first paycheck was in march 2014 ( no paycheck for 3 months). Since then I had paychecks without any gaps. I had h1b transfer approved in Nov 2014 for full time position. My visa is expiring in sep 2016 and my employer will be filing an extension. My question is, if I go to India after my extension, I need to go for stamping. Will there be any problem since I did not had first 3 months paycheck after I came to USA?
    Why no pay? You should be paid by your petitioner irrespective you have work or not. It may not come up, but it may become an issue in future GC processing.

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    • #3
      Originally posted by raghvi View Post
      Why no pay? You should be paid by your petitioner irrespective you have work or not. It may not come up, but it may become an issue in future GC processing.
      Thanks Raghvi. I Waited couple of weeks for my ssn then the Documentation work between my employer and the client took 2 months... I started working from Feb 2014 so my first paycheck was in march 2014. My employer filed the labor just a month back. Will they go back 3 years while processing green card or getting I140 approved?

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      • #4
        Originally posted by Naga Vardhan View Post
        Thanks Raghvi. I Waited couple of weeks for my ssn then the Documentation work between my employer and the client took 2 months... I started working from Feb 2014 so my first paycheck was in march 2014. My employer filed the labor just a month back. Will they go back 3 years while processing green card or getting I140 approved?
        They may or may not. Those few months of not getting paid will show up in IRS transcripts. It all depends how deeply they look.

        This is my opinion not legal advice.

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        • #5
          Originally posted by raghvi View Post
          They may or may not. Those few months of not getting paid will show up in IRS transcripts. It all depends how deeply they look.

          This is my opinion not legal advice.
          Is there a way to solve this problem?

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