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H1 B- status or out of status - no pay stubs for over 6 months

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  • H1 B- status or out of status - no pay stubs for over 6 months

    Hello seniors..
    Can you please help...

    I am just wondering if I am in trouble based on
    1. I went on vacation to india until APril 2009 and since then i do not have any pay stubs due to bad market. My employer does not respond and i am not sure if i am in status or out of status. I came to know that he might also close the company. What are the chances that i will be in valid status if i have few paystubs from now.

    2. How to find out if i am out of status. If i am out of status then i cannot enter US again ? if i am married in the future to a H1-B holder and tried to enter as dependent.

    3. What is the grace period that i can stay from now.. as it is already NOV 09 and my H1 extension is due on Mar 2010.

    4. Any ideas on alternate options
    5. Any body knows any university which allows online education but also provides I-20 . Do i have to tell the university about them my status.


    thanks in advance

  • #2
    Your H1B status only counts when you are in U.S. If you have proper pay stubs until April 2009 (Until the day you were in U.S), then you have maintained your H1B status. Since you have left U.S after that, there is no status and you don't need any pay stubs (assuming you are still in India). If you have a copy of the previous approval notice, then you can find a new employer and apply for H1B transfer. You can also apply for H4 if your spouse is in H1B.
    Last edited by shervin143; 10-25-2009, 06:15 PM.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Originally posted by shervin143 View Post
      Your H1B status only counts when you are in U.S. If you have proper pay stubs until April 2009 (Until the day you were in U.S), then you have maintained your H1B status. Since you have left U.S after that, there is no status and you don't need any pay stubs (hoping you are still in India). If you have a copy of the previous approval notice, then you can find a new employer and apply for H1B transfer. You can also apply for H4 if your spouse is in H1B.
      Hi Shervin,
      Thanks for the immediate reply. I am in US now. Dont' have any pay stubs after that.

      Comment


      • #4
        Well, in that case you are out of status.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

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