H1 to L2 and Stamping

[AdviceSeeker]

Hi,

Here is my condition and I am looking for suggestions to proceed further:
1. I am currently on H1 and my last paystub was in October 08.
2. Till date I have not found another project to get new stubs. Chances till mid next year is also less. So till then I am without Paystubs.
3. My wage requirements as per LCA has been covered for the this year.
4. My Visa is yet to be stamped for my current employer.
5. Due to recession we are thinking about COS to L2, and as we are traveling to India soon, I am thinking of directly going to L2 stamping instead of my H1.

My questions:
a) Will I need till date pay stubs if I go for L2 stamping?
b) Will it impact my spouse's L1 in anyform? (As mine is already a complicated one)
c) Which is best--together stamping or separate?
d) What is your knowledgeable advice?

I am missing my family back, and sitting jobless is of no use. So for me best thing to do is be back at home.
Please please please suggest.

Thanks in Advance

[txh1b]

a. yes as you need to be paid on H1b all the time. It is employer's duty to pay you. Project or not does not matter. Complain to DOL on a WH4.
b. No
c. You decide. There is no best.
d. Complain to DOL and regain your lost status.

[kabkaba]

What do you mean wage requirements are covered? Does that mean annual wage mentioned on the LCA has already been paid to you?

[AdviceSeeker]

Thanks for the responses.

Yes, as per LCA requirement, the wages have been paid.

[txh1b]

Annual wages is not the only thing that needs to be met. One cannot get paid 50k for 3 months in 1 year if LCA says 50k and remain without working and getting paid for the rest of the year.

Wages have to be paid for 40 hrs/week or whatever the per week hrs as mentioned on the LCA irrespective of what was paid earlier when you probably had a higher salary.