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H4 to H-1B Stamping/Paystubs Part Time

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  • H4 to H-1B Stamping/Paystubs Part Time

    Hi All,

    I came to US in Jan '07 on H4 Visa. (stamped from India). I filed for my H-1B visa through a consultant in April 2007. I got my approval and started working from 1st Oct '07.

    But the problem is, my employer is paying me very less salary (than what is mentioned in the LCA) and thats the reason he is showing me as a part time consultant in my paystubs.

    I receive pay stubs showing hrs worked - 80/month.

    I am planning to go to Toronto or Ottawa for visa stamping. But the problem is that my paystubs shows me working part time only. Could that create a problem during H-1B stamping?

    Also would stamping in Toronto or Ottawa be difficult since I hold an Indian degree..

    Please advice soon.
    Thanks,

  • #2
    I think you are out of status and employer is violating the DOL terms. It can create problems in H1 interview. Ask your employer to pay you the LCA amount.
    Check out H1 FAQs first!
    http://www.immihelp.com/visas/h1b/h1-visa-faq.html

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    • #3
      What does you H1 approval petition say? Does it mention you are a part time employee? If not, you might face problems. Goto your home country for stamping to minimize risk and inconvenience. Use a WH4 form to complain about your employer to the DOL.

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