What are possible options available for H - B holder when he fails to generate continuous pay stubs over 3 months ?

Asked over 1 year ago - San Jose, CA

For any reason if H - B holder is not having pay stubs for 3 months , then will he consider as an illegal immigrant ? Can he opt for HOB transfer ? or is it better to file new HOB for him ?

Attorney answers (4)

  1. J Charles Ferrari

    Contributor Level 20

    3

    Lawyers agree

    Answered . It is not clear what you are asking, as there is no H-B or HOB visa in the US. If you are speaking about H-1Bs, not having pay stubs means USCIS will require that you obtain an H-1B visa stamp abroad after they approve the petition and before you can begin work.

    Your employer needs to retain an experienced immigration lawyer to review all the facts, advise them, and handle the case. Your employer can find one through http://www.ailalawyer.com.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  2. Alexander Joseph Segal

    Contributor Level 20

    4

    Lawyers agree

    Answered . I am absolutely clueless what you are asking about. Do you work for the employer or not. If you do, is it W2 or independent contractor? If it is W2, you are OK.

  3. Karen-Lee Pollak

    Contributor Level 19

    3

    Lawyers agree

    Answered . Consult an attorney. If you are in H1B status and do not get paid the prevailing wage you are in violation of your status

  4. Tripti Sharad Sharma

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    Answered . If you are concerned that you did not maintain status because you were not paid, you should discuss your concerns with a competent immigration attorney. The company attorney will advise the attorney whether the new petition will be filed seeking extension or consular process.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known.... more

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