My wife was on H4 status and she got converted to H1B status from Aug 2016. Her employer is not sharing pay stubs and we would want to get rid of this employer by going to India and get H4 stamping. Will the visa officer ask for pay stubs during her H4 interview or would she be asked to produce H1 paystubs at Port of Entry even if she want to enter on H4 status?
Did she get H-1 this year? If yes, then H-1 doesn’t start until Oct 1.
She got her H1 which was filed in 2015 and it was approved in July 2016 with COS. So she is currently on H1 status.
She may be asked for payslips to show that she was maintaining H-1 status since Jul 2016. You said employer is not sharing the payslips - but is he at least paying?
her employer claims that her payroll is being processed. But neither we are getting any direct deposit nor pay stubs… that’s the reason why we want to go back to india and come back on h4 status rather than continuing with this kind of unethical employer… please advise
Wow! So they claim to be running the payroll but you are neither getting the payslips or direct deposit.
If she is asked about payslips, then that could be an issue. I would also suggest exploring the option to file a complain against the employer to DOL. If you plan to leave the employer by moving to H-4, then tell them to pay all the back wages and payslips; if not let them know that you plan to take the legal route to get your immigration status in place.
After multiple follow ups, her employer has told that he will send the pay checks if I pay the entire money upfront. Even in that case he told that he wont share the pay slip/stub. If i pay the amount and get those checks, would those checks be sufficient to prove that my wife has maintained proper H1 status?
First that is fraud.
Second the checks will have today’s date and would look suspicious.
When did her H4 visa stamp expire?