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Can i go for H1b stamping without any pay stubs?

West Palm Beach, FL |

I worked for my company under OPT and got paid a basic salary. My employer gave me a letter saying that i will be making $50,000 a year after i get my H1b. I had to leave US to my home country to get my surgery done before i my H1b approved. My LCA says that my salary is $50,000. Now i don't have any pay stubs to prove that i make $50,000 a year because i have not worked a single day after my H1b was approved. Is this going to be a problem when i go to stamp my H1b visa?

Attorney Answers 4

Posted

If you never had an H1b, you should not need to provide proof you were paid the H1b wages.

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

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Asker

Posted

Thank You sir

Posted

I am not sure I understand the question.

The content of this answer has been prepared by Scott Legal Services, P.C. for general informational purposes only. It is not legal advice and should not be considered or relied upon as legal advice. Transmission or receipt of the content of this information does not create, nor is it intended to create, and receipt does not constitute, an attorney-client relationship. Because each matter involves differing facts, online readers should not act upon the content of this website without seeking legal advice.

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Posted

My LCA says i make $50,000, I came to my home country before my H1b was approved. So i dont have a way to prove that i make $50,000 a year. Will this be a problem when i go to stamp my visa?

Ian Edmund Scott

Ian Edmund Scott

Posted

You would only have to prove you earned money if you had an H1-b visa. Your employment letter should be sufficient if I understand your facts.

Posted

I agree with Atty Berman. Also, make sure your passport is valid for at least 6 months beyond the date you intend to enter the US and bring the I-797 approval notice and a copy of the I-129 petition.

(626) 771-1078 Los Angeles Attorney Theodore Huang, Esq. This is not legal advice. No attorney/client relationship is established. Attorney Huang is licensed in MD; practice limited to federal law.

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Posted

If you were not working under your H-1B during that period you cannot be expected to have received any payments during that time.

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