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    Hi all,
    presently i m in usa.I was on H4 and got my H1b in Oct2010.But i m trying for job and on bench for last 8month.Now the problem is i need to go india in emergency.so i have to go for h1b stamping in india,but i don't have any paystubs.so if i go stamping without paystubs,what i have to tell about my 8 months bench period in us? I am so confused.could u please give ur suggestions on situation please....
    Last edited by sapss; 06-14-2011, 08:36 AM. Reason: grammer mistake

  • #2
    There is no such thing as bench on H1B. Your employer must pay you irrespective of whether they have a project for you or not. As it is you are out of status.
    You may need to get H4 visa and return.
    This is my opinion and not legal advice.

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    • #3
      Originally posted by kabkaba View Post
      There is no such thing as bench on H1B. Your employer must pay you irrespective of whether they have a project for you or not. As it is you are out of status.
      You may need to get H4 visa and return.
      Thank you kabkaba,
      one more doubt,so can i get(ask) paystubs from employer without working?

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      • #4
        An H1B petition is filed with USCIS stating that there is a full time employment available for the employee. So irrespective of whether your employer provided you work or not, they are suppose to pay you as per the approved LCA until the time the employer revokes the H1B petition (or until you change to a different status or transfer the petition to work for a different employer). If not, you can complaint to the DOL and make them pay to reinstate your H1B status. When you are out of status you will no get your H1B stamped successfully and the chances of H4 stamping is also less. It is never advisable to be out of status.

        Originally posted by sapss View Post
        one more doubt,so can i get(ask) paystubs from employer without working?
        Last edited by shervin143; 06-14-2011, 12:21 PM.
        Not a legal advice. Use of this information is strictly at your own risk.

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        • #5
          Thank you shervin,
          If i want to go for H4 stamping on my husband's h1b directly in india,am i need to provide my paystubs(i am on h1b,not working,no paystubs) for h4 stamping.please give me ur suggestion.

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          • #6
            It totally depends on the VO. Some VO will look only into the payslips of the primary H1B holder and if everything is okay, you will get the H4 stamped. Some VO will ask to prove that you have maintained your H1B status all this time. The only way to prove that is by showing your latest payslips. So like I mentioned, it totally depends on the VO. There is always a risk of going for the stamping when you have accumulated out of status period.

            Originally posted by sapss View Post
            Thank you shervin,
            If i want to go for H4 stamping on my husband's h1b directly in india,am i need to provide my paystubs(i am on h1b,not working,no paystubs) for h4 stamping.please give me ur suggestion.
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment

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