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  • Any comment is appreciated much :)

    I am on H1B ( came in Oct 2007 from India), I have two quick question if anyone can help please:

    My wife (permanent resident ) also applied green card for me in 2004 ( from USA ) and status pending at NVC, DO I have to notify NVC about my address in USA, what's the next step would be if the green card status changes to current, do I have to visit India to get the green card, any other steps I'm missing to be on safer side?

    My employer ( holding H1B visa ) hasn't given any pay check since October, Could I transfer H1B without pay check? is it okay to get 1-2 pay checks as consultancy from any other firm ( although I got 2 pay checks from another firm ), should I close that bank account where I deposited the check?

    Once again, Thanks in advance for any help!

  • #2
    Originally posted by Gudds

    My employer ( holding H1B visa ) hasn't given any pay check since October, Could I transfer H1B without pay check? is it okay to get 1-2 pay checks as consultancy from any other firm ( although I got 2 pay checks from another firm ), should I close that bank account where I deposited the check?
    What do you mean by "any other firm"? You cannot just use any random guy who has a business to get pay stubs. Your employer must pay you all the time. Pay stubs are needed to transfer.

    When your PD is current and your case is Consular Processing, you can go to the consulate abroad. I think you may also file an Adjustment of Status within the U.S. when your PD is current. Talk to an attorney.
    Check out H1 FAQs first!
    http://www.immihelp.com/visas/h1b/h1-visa-faq.html

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    • #3
      On H1b you can only work for your employer/sponsor of H1b. Any other work/paystubs is illegal.

      I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

      Comment


      • #4
        Originally posted by txh1b
        On H1b you can only work for your employer/sponsor of H1b. Any other work/paystubs is illegal.
        Thank you both for this info!

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        • #5
          Originally posted by DMX17
          What do you mean by "any other firm"? You cannot just use any random guy who has a business to get pay stubs. Your employer must pay you all the time. Pay stubs are needed to transfer.

          When your PD is current and your case is Consular Processing, you can go to the consulate abroad. I think you may also file an Adjustment of Status within the U.S. when your PD is current. Talk to an attorney.

          Thanks, I got that, not to accept pay stubs from other firm. Fact is my employer has not given me any pay stubs in seven months and no significant interview calls either. What are my options, please advise? should I contact Attorney to discuss my situation?

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          • #6
            You have been out of status without a paystub for so long. As per the law, employer is required to pay H1b employees pay all the time. Project or not does not matter.

            You need to seek help from DOL and have your employer pay you if you want to follow the law.


            How do you survive without a paycheck? Just curious!

            I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

            Comment


            • #7
              Originally posted by txh1b
              You have been out of status without a paystub for so long. As per the law, employer is required to pay H1b employees pay all the time. Project or not does not matter.

              You need to seek help from DOL and have your employer pay you if you want to follow the law.


              How do you survive without a paycheck? Just curious!
              I have a huge empire in the gulf! jus kidding , this is getting very frustrating now! I think will have to go with the law. Thanks again for all comments

              Comment


              • #8
                Then you don't belong here, your Majesty! :-)

                Be aware that the employer may cancel the H1b if you complain which is also illegal. Retaliation because of a complaint is illegal. But you need a status to live and fight your case in the US.

                It is a Catch 22.

                I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

                Comment

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