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Is out-of-sttus for No paystub ?

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  • Is out-of-sttus for No paystub ?

    I worked for Employer A till 4th June and from 6th June started working for Employer B.
    I have pay-stubs from Employer A till 15th May. USCIS received my H1 transfer petition on 21 May.
    Employer A did not give me pay-stubs for the period 16th May to 4th June.

    1. Will I be considered out of status ?

    2. I have got an RFE. Employer B asked for latest pay stubs. Will pay-stub till 15th May be considered as latest ?

    3. Will no pay-stub for the period 16May-4thJune create any problem while stamping visa? (I have plans of going to India in December)

    Currently I am working for Employer B since June6th.

  • #2
    1. Will I be considered out of status ?
    >>> Yes. If you worked till June 4th, then file a complaint with DOL and make the employer pay. They are suppose to pay you until the very last day on the job. A copy of a complaint to DOL might help in this case when you respond to the RFE. But talk to employer A before you file the complaint and let them know clearly that you are planning to do so and they might pay you till June 4th.

    2. I have got an RFE. Employer B asked for latest pay stubs. Will pay-stub till 15th May be considered as latest ?
    >>> No.

    3. Will no pay-stub for the period 16May-4thJune create any problem while stamping visa? (I have plans of going to India in December)
    >>> Yes. It can cause issues. Because you are technically considered out of status during that period without any pay slip to prove your H1B status.
    Not a legal advice. Use of this information is strictly at your own risk.

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