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

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 ?

San Jose, CA -

Attorney Answers (4)

J Charles Ferrari

J Charles Ferrari

Immigration Attorney - Los Angeles, CA
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
Alexander Joseph Segal

Alexander Joseph Segal

Immigration Attorney - New York, NY
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.

Karen-Lee Pollak

Karen-Lee Pollak

Immigration Attorney - Dallas, TX
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

Tripti Sharad Sharma

Tripti Sharad Sharma

Immigration Attorney - San Jose, CA
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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