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H1 b RFE- undepaid

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  • H1 b RFE- undepaid

    I got RFE in 2 parts one was for company another from my parts. Company took care of their part. In my part it was written that employee has been underpaid by his current employer or worked less than full time. Provide clarification and corresponding evidence regarding wages paid to establish the beneficiary has maintained valid non-immigrant status.
    a.Was it because I took advance 3 months back and it was getting deducted? In some months I asked them not to deduct as well due to my personal reason, so wages on the salary slip was not consistent.
    b.Or I was not paid in Feb this year because I was on the leave.

    I really appreciate for your time.

  • #2
    When you said you were not paid in Feb, were you outside U.S at that time? If you are outside U.S, then you are good. Employer doesn't need to pay when you are outside U.S. But if you are inside U.S, then there is no concept of leave without pay. That will be considered as out of status period. Ultimately your year-end W2 should match with the approved LCA. If not, you are considered to be have violated the H1B regulations.
    Not a legal advice. Use of this information is strictly at your own risk.