H1B Transfer or return to Home Country

[kumarhelp11]

Hi Guys,

I am a bit difficult situation right now and so I am posting this question here for getting proper guidance. I think my question is very common but please help me according to my case.

I am an IT guy. I came to USA on H1B in December,2014. When I came to USA after few weeks I come to know about the reality of my employer like they are going to make my bogus resume and I need to provide wrong information etc. Due to less experience and bogus high experience in resume I am not able to find any project still date (around 6+ months) and I don't have any pay stubs or my employer is not paying me for that any. Now here are my questions.

1. Am I out of status?
2. Can I transfer my H1B without pay stub?
3. What are the alternative as of now for me to be legal in USA?
4. If I go back to my home country without doing job, do I need to generate pay stubs?
5. If I don't generate any pay stub and go back and plan to come back after few years then is it possible that I can apply for H1B again at that time? or this complexity of pay stub comes in picture?
6. If I need to generate pay stubs to come back to USA in future safely, how may pay stubs do I need to generate now?


I hope you guys will help me with genuine advices.

Thanks in Advance
Kumar Kella

[shervin143]

1. Am I out of status?
>>> Yes. Your employer is supposed to pay irrespective of whether they had work for you or not. You can file a complaint with USCIS and make them pay.

2. Can I transfer my H1B without pay stub?
>>> Nope. Transfer will not work.

3. What are the alternative as of now for me to be legal in USA?
>>> Make the employer pay. Get the pay slips and then transfer the H1B.

4. If I go back to my home country without doing job, do I need to generate pay stubs?
>>> Payslips are not required to leave the country. No one will check your payslips when you leave.

5. If I don't generate any pay stub and go back and plan to come back after few years then is it possible that I can apply for H1B again at that time? or this complexity of pay stub comes in picture?
>>> Being out of status can impact your future petitions and visa processing.

6. If I need to generate pay stubs to come back to USA in future safely, how may pay stubs do I need to generate now?
>>> Pay slips for your entire duration in H1B status. You need them to file your end of year tax.

[kumarhelp11]

1. Am I out of status?
>>> Yes. Your employer is supposed to pay irrespective of whether they had work for you or not. You can file a complaint with USCIS and make them pay.

2. Can I transfer my H1B without pay stub?
>>> Nope. Transfer will not work.

3. What are the alternative as of now for me to be legal in USA?
>>> Make the employer pay. Get the pay slips and then transfer the H1B.

4. If I go back to my home country without doing job, do I need to generate pay stubs?
>>> Payslips are not required to leave the country. No one will check your payslips when you leave.

5. If I don't generate any pay stub and go back and plan to come back after few years then is it possible that I can apply for H1B again at that time? or this complexity of pay stub comes in picture?
>>> Being out of status can impact your future petitions and visa processing.

6. If I need to generate pay stubs to come back to USA in future safely, how may pay stubs do I need to generate now?
>>> Pay slips for your entire duration in H1B status. You need them to file your end of year tax.

On Point no.6
If I go back to India with generating few of my pay stubs like 3-4, is it not going to safe for me?
I am asking for 3-4 only as I am passing through financial crisis.

[inadmissible]

Unlawful presence of 180 days to 364 days will bar you from re-admission to the United States for 3 years.

[shervin143]

At the end of the year, you need to file your tax returns which should match you pay mentioned in your labor certification. If your W2 doesn't show the expected wages, then it can cause issues with your future petitions, visa processing and GC.

On Point no.6
If I go back to India with generating few of my pay stubs like 3-4, is it not going to safe for me?
I am asking for 3-4 only as I am passing through financial crisis.

- - - Updated - - -

His presence is not unlawful. Without payslips he is out of status on H1B. What you have mentioned below applies to illegal stay.

Unlawful presence of 180 days to 364 days will bar you from re-admission to the United States for 3 years.

[inadmissible]

I apologize Shervin, you are correct.