H1B to H4

[NagaM]

I got my H1B visa last Nov, supported my consultant in internal project but without pay, so no pay slips, now want to convert from H1B to H4 visa. What the time Duration for this? Is it mandatory to have pay slips for transferring from H1B to H4? If so, how many pay slips exactly required? Do I need to pay taxes for the whole year even though I don’t have earnings or pay slips? Will I be getting W2 statement for 2013? When to inform consultant that I am going to change my H1B to H4 visa? Can my consultant generate pay stubs after I applied to H4 visa without knowing to him?

Can anyone suggest?

[raghvi]

I got my H1B visa last Nov, supported my consultant in internal project but without pay, so no pay slips, now want to convert from H1B to H4 visa. What the time Duration for this? Is it mandatory to have pay slips for transferring from H1B to H4? If so, how many pay slips exactly required? Do I need to pay taxes for the whole year even though I don’t have earnings or pay slips? Will I be getting W2 statement for 2013? When to inform consultant that I am going to change my H1B to H4 visa? Can my consultant generate pay stubs after I applied to H4 visa without knowing to him?

Can anyone suggest?

No pay, no pay slips while on H1 means Out of Status. If you are out of status it will be difficult to do a H1 to H4 without leaving US. If you file a H1 to H4 COS USCIS will seek pay-stubs in order to prove your valid H1 status. And if you are not able to provide they will deny your COS.

If employer is not paying you, you can file a complaint with DOL. Whether you work in internal project or client project, or on bench the employer is bound to pay you as per LCA.

This is my opinion not legal advice.