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  #1 (permalink)  
Old 12-25-2009, 12:05 PM
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Default Please clarify my doubts..

Hi,

I have worked in the US for 3 months (april, may and june) on H1b visa and still haven't got my pay stubs. Recently I came to India for my marriage and after marriage, I want to go to US on L2 visa (my fiance is on L1 visa). While trying to go to US on L2 visa, will I be asked to produce my previous pay stubs? Also when I asked my employer to give my pay stubs he said he had lost them and said instead of pay stubs I can have W2 which will be the proof that I have worked. Will the W2 be enough or I need the pay stubs? Please someone clarify my doubts.

Thanks.
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Old 12-25-2009, 07:45 PM
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Hello,

Did you receive the compensation at all? If so, the deposit slips from your bank may be a possibility as proof of payments. If you haven't been paid at all, you might be a victim of a bad employer and you should report the employer to Department of Labor in US.

If you are now entering US on L-2, there should not be any questions around your earlier H1-B, but the IO can always ask about your earlier stays in US and hold you up. Ask your employer to provide you a certificate on company letterhead with authorized signature stating the compensation provided to you while on H1-B, though 'I lost your paystubs' is a really flimsy excuse...

Please consult a good lawyer before making any decision...
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Old 12-25-2009, 08:15 PM
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"I lost the paystub" is crap. On the flip side what were you doing for the three months waiting for it?
Ask him to print the duplicate from your payroll system....this should not be an issue at all if he is not trying to hide anything.

There is a good chance that the visa officer will ask you to prove your legal status on H1 and you may have to do a lot of explaining about the change in status.
It just seems like something is not right here

Last edited by sdrblr; 12-25-2009 at 08:21 PM.
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