H4 to H1

[itsricha]

Hi,
I came to US in Jan'08 year on H4.
Then in Oct'08 my H1 got approved and currently I am on H1B.
But so far i dont have a single pay stub. I have to go to India for a visit. If I dont have any pay stubs to show, then when i go for stamping, would my status change back to H4?

and also if I dont have continuous pay stubs would that effect my greencard processing?

thanks

[orion]

You are out of status. Yes it'd effect your future immigration process, especially green card. How would your status change unless you change it?

[itsricha]

yes what i meant to say was that of i dont have any pay stubs to show at the time of stamping, then my H1 wud become invalid?

[orion]

If you dont have paystubs, you are taking a risk. They might deny you a H1 visa stamp and ask you to provide paystubs. If eventually you fail to do that they might revoke your H1.

[abhayg4]

Hi itsricha,

Questions u have asked is not very clear.

First - why u don;t have the PayStubs. - u r not getting Paid or u don;t have the proff of Paystubs. If it is the first case - Then u r out of Status and accumulating Illegal Stay in US and of course that will affect all ur future processing .

So if u go for the H1 Visa stamping in India - then if the VO is able to make out that u r not getting paid on H1 - then definitely u will not get ur H1 Visa
and that will not put u on H4 automatically .You can come back to US using ur H4 Valid Visa -which will put you on H4 status again in US.

As mentioned - its my view/opinion which may not be correct

Thanks,
Abhay

[itsricha]

I had applied for my H1 through a consultant...so as of now i am still searching for a project...

[abhayg4]

Hi,

So if u r not Getting PAID - then u r OUT OF STATUS and accumulating Illegal Stay in US because that;'s the basic law of H1 that u have to be on Job i.e getting paid.
So as per view/suggestion - if u think that u will not get any project very very soon , then you should leave and come back

Thanks,
Abhay

[itsricha]

thanks for your advice

[txh1b]

Project or not, the employer MUST pay you. That is the law. Complain to DOL on a WH4 form.