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

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 ?

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Attorney answers 4


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.


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

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


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


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. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.