h4 stamping in India (currently on h1)

[Swathi Chowdary]

Hi, I'm in a h1 b since last October 2014 and I'm planning to change to h4 status as I couldn't find any job till now . .And i only have nov 14 and May 15 paystubs. And is it ok to go to visa stamping without recent pay stubs as its might be out of status if we don't have the paychecks

[shervin143]

Hard to say. Being out of status can cause issues during visa stamping. But there are also cases where H4 visa was issued without asking any questions about being out of status on H1B. It depends on the VO.
Btw, irrespective of whether the employer has a job for you or not, they are supposed to pay you when you are in H1B. If not, you can complain to DOL and make the employer pay to re-instate your H1B status. Check the below links.

https://www.immihelp.com/h1-visa-holder-rights/

https://www.immihelp.com/h1-visa-holder-responsibilities/

https://www.immihelp.com/h1b-visa-employer-violations-complaint-procedure/

[ker2usa]

Hi, I'm in a h1 b since last October 2014 and I'm planning to change to h4 status as I couldn't find any job till now . .And i only have nov 14 and May 15 paystubs. And is it ok to go to visa stamping without recent pay stubs as its might be out of status if we don't have the paychecks

If you were on the H1B visa, how were you not working? Maybe I don't understand your situation but why do you say you haven't found a job when you clearly are on the H1B visa? Assuming you do have a job, you can file, as Shervin pointed out, with the Department of Labor, a complaint against your employer. If you have your petition and no pay slips, you should be able to claim the lost pay slips back. Hire an immigration attorney to do the work for you. In case you have been out of status, you may not be able to reenter the country on a different visa. Plan your steps carefully and always try to be on the legal side of things.