COS to H4 without pay slips on H1

[Shikha1234]

I have approved H1B through an employer. But suddenly, the contract/job for which the H1B was filed has been cancelled. I do not have any payslips yet and the employer can generate the payslips only with my money; if I need. Now I am thinking to change the status back to H4. My questions are

a) If I go back to H4 and later want to come back on H1, will having no payslips with my previous H1 generate an issue?
b) Also, if I plan a trip to India, can I only do that only after my COS to H4 gets approved?

Thank you in advance!

[raghvi]

I have approved H1B through an employer. But suddenly, the contract/job for which the H1B was filed has been cancelled. I do not have any payslips yet and the employer can generate the payslips only with my money; if I need. Now I am thinking to change the status back to H4. My questions are

a) If I go back to H4 and later want to come back on H1, will having no payslips with my previous H1 generate an issue?
b) Also, if I plan a trip to India, can I only do that only after my COS to H4 gets approved?

Thank you in advance!

Without pay stubs you are out of status. It is illegal for the employer to ask you money to run your payroll. It is fruitless to apply a COS if you do not have payslips. You have two options,

A. File complain against the employer with the DOL to reinstate your status.
B. Leave US and re enter on a valid H4 visa.

This is my opinion not legal advice.

[Shikha1234]

Thanks for replying. Some follow up doubts

a) Can I go to India within a few days with this H1B status where I wont have any pay stubs and come back on H4 visa? Will there be an issue with H4 stamping? Will there be an issue in the future COS to H1 since I will have no paystub from my latest approved H1?
b) The employer is willing to generate one salary slip for my bench period. If I do not plan to go to India, can a COS from H1 to H4 be done with just one payslip?

[raghvi]

Thanks for replying. Some follow up doubts

a) Can I go to India within a few days with this H1B status where I wont have any pay stubs and come back on H4 visa? Will there be an issue with H4 stamping? Will there be an issue in the future COS to H1 since I will have no paystub from my latest approved H1?
b) The employer is willing to generate one salary slip for my bench period. If I do not plan to go to India, can a COS from H1 to H4 be done with just one payslip?

1. Your H4 would mostly depend upon your spouse maintaining valid H1 status. I do very little chance of it getting impacted due to you not having H1 pay stubs. Future COS/GC success would depend upon the documents submitted by the future employer and how deep USCIS goes into you maintaining your H1 status.
2. Cant say, again depends how deeply USCIS wants to look into your case.

This is my opinion not legal advice.

[Shikha1234]

Thanks. So looks like it is okay to go to India in this kind of status and come back on H4.