URGENT: H1B Stamping. Help Needed !

[atomix123]

Hi all,

Here is my situation.

Last year, 2007, my H1B petition was rejected and I filed for an appeal(MTR) in Aug, 2007.

Appeal was still pending and my OPT expired in Jan, 2008

I enrolled in Kaplan for GMAT course: I20 dates from February, 2008 - Aug 11, 2008

In march, since the appeal was still pending, company decided to withdraw the appeal.

On April 1, 2008, new H1B was filed.

On April 6, 2008, MTR got approved(withdrawal was not yet processed into the USCIS system). On April 7, 2008, a letter to void the withdrawal for MTR was sent.

On April 22, 2008, new H1B petition got approved.

Still was waiting for response from USCIS to respond to the letter to void the withdrawal.

On June 2, 2008, USCIS responded that they have void the withdrawal to the MTR, and the old H1B can be considered as approved and you can start working.

Since June 2, 2008 stopped going to Kaplan.

On bench since then.

Employer agreed to give 3 paystubs from Oct 1, 2008 to Nov end.

Need to go to India and would hence have to go for stamping.

What would you suggest in this situation. Is it a problem since there would not be paystubs before Oct 1, 2008.

Your help would be greatly appreciated !

Thanks !

[C4us]

Do not accept paystubs without receving the pay.

[atomix123]

They would actually be running 3 payrolls, so it wont be **** paystubs. I would be paying his employer tax for the 3 payrolls.

My question is:

Since my old approved H1 is approved since April 6, 2008.
USCIS said on June 2, 2008 that now you can start working based on old H1B.

My Employer would be running 3 payrolls from Oct 1st -> Nov End. But the the Year to Date on the paystubs would be indicative of less income till date.

Q1
I have not been on payroll since April 6th till Sept end. Would this be a problem ?

Q2
If my H1B stamping is rejected, would I be able to apply for H1B at a later time ?

Q3
If my H1B stamping is rejected, can I apply for H4 visa after a couple of days ?

Has anyone have had such experience or had a friend gone through a similar situation, please advise.

Thanks !

[txh1b]

I smell fraud here. It is illegal not to pay an employee while on H1b. Look up WH4 form and complain. You have some rights as per the Neufield memo.

[atomix123]

Right now the situation is we need to get the H1B stamping done rather than complaining about the employer. I have already gone through a lot as you might sense from my post and would like to get the stamping done right now.

You suggestions from your experience would be greatly appreciated as to whether there would be problem even after taking 3-4 paystubs.

[txh1b]

Sorry, I don't suggest workarounds for doing illegal things. A W2 or 221(g) will reveal every bit of your history if the VO wants to check yours and your employer's credentials.

[atomix123]

Sorry, I don't suggest workarounds for doing illegal things. A W2 or 221(g) will reveal every bit of your history if the VO wants to check yours and your employer's credentials.

where did you sense I was doing anything illegal. I should be paid from April. I am already in a mess. I want to peacefully get myself on track right now. I would have appreciated someone`s suggestion. Not everyone has a smooth immigration run.

Again, I would sincerely appreciate any help.

Thanks !