Visit to India during H4 to H1 transition

[enigmatic100]

Hello,

I and my wife who are on H1-B visa are planning to visit india.Both of us have to visit the consulate on our way back to get our visa's stamped, as i have recently re-newed my H1-B and my wife's status has changed from H4-B to H1-B.How ever my wife is currently not employed and does not have the enough required supporting documentation for her visa.I have requested my wife's employer to Run few payrolls for her so that she can show them to consulate officer if required.Am i doing the right thing to overcome the risk? Please advise.

Regards,
Raj

[txh1b]

Your wife needs to get paid on H1b all the time. That is the law. Don't try to involve yourself in tax scams. Payroll happens automatically when one gets paid.

You and your employer are trying to defraud the US govt and uncle sam involving in illegal practices.

Complain to DOL on a WH4 form against the employer if they are not willing to pay the salary required by H1b law.

[orion]

How can you even think that running payroll without actually working is alright?

[ajaysharmlondon]

client letter

If you have been following all other forums, you would know that it has become mandatory to have a client letter while going for stamping else 221 g and happy good bye.
You have created this mess by yourself and the only way out is to file WH4 in your home state DOL against her employer to bring her back in status. Once she is back in the status, you can go for stamping and get her back on H4.
I am sure she would be out of job for a way long time given the economy.

Best luck,

Ajay