h1 to h4..urgent query.pls help

[sri111]

I came to US on H4 visa in December 2014 and applied for H1 on April 2015 . Luckily it was picked up in lottery and I was able to work from October 2015. But I am in nine month pregnancy. Now I am planing to move to H4 as i could not search for job. my employer says i can not move H1 to H4 with out having pay stubs. is it true? can i move from h1 to h4 with out pay stubs? is there any problem when i come back to H1 from h4 if not having pay stubs now? please clarify

[meeunda]

I came to US on H4 visa in December 2014 and applied for H1 on April 2015 . Luckily it was picked up in lottery and I was able to work from October 2015. But I am in nine month pregnancy. Now I am planing to move to H4 as i could not search for job. my employer says i can not move H1 to H4 with out having pay stubs. is it true? can i move from h1 to h4 with out pay stubs? is there any problem when i come back to H1 from h4 if not having pay stubs now? please clarify

I assume you are currently in USA and your petition was filed as H4 to H1 COS - you have not given that info.
If your H1 was filed under COS, Legally one should be in job and should get paid from the date of H1 start date (if you are already inside USA).
When is your H1 start date? You said you were able to work from Oct 2015 in that case you should have got your pay stubs right?

Anyways, At this moment, the only option you have is to leave the country and if your H4 is still valid, you shall reenter in H4 (New I94).

This is my opinion.

[raghvi]

I assume you are currently in USA and your petition was filed as H4 to H1 COS - you have not given that info.
If your H1 was filed under COS, Legally one should be in job and should get paid from the date of H1 start date (if you are already inside USA).
When is your H1 start date? You said you were able to work from Oct 2015 in that case you should have got your pay stubs right?

Anyways, At this moment, the only option you have is to leave the country and if your H4 is still valid, you shall reenter in H4 (New I94).

This is my opinion.

Your employer should pay you irrespective if you have work or not. You can complain to the DOL. If leaving US is not an option you should consider complaining about the employer.

This is my opinion not legal advice.