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  #46 (permalink)  
Old 09-25-2007, 08:33 PM
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Quote:
Originally Posted by muthiahmerchant View Post
My wife has a H1 since oct 2006 till date she hasn't worked and hence has no pay stubs. her passport has a F2 visa. I want to convert her visa to H4. Her employer is asking for 6k to generate 3 paystubs for 3 months. I dont want to pay so much. if we go to canada to get H4 stamping will they ask for her pay stubs or just my pay stubs are enough.

Is there any chance of rejection. also can I go to canada for stamping or do i have to go to home country.

is there any site or posting that explains the process of applying for H4 in canada.

Thanks for any help

status change from H1 to H4 when she is in US, she need 2 latest pay stubs. If she is directly going for H4 stamping (India), then she dont need pay stubs.
__________________
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GC on 09/14/2010
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Last edited by sparklinks; 09-25-2007 at 08:36 PM.
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  #47 (permalink)  
Old 09-25-2007, 11:17 PM
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Originally Posted by bitzbytz View Post
"problems if generating paystubs"..is this a pure speculation or do you have to anything to back this statement....
xx
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  #48 (permalink)  
Old 11-14-2007, 12:11 AM
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soma18 is on a distinguished road
Default H4 to H1, stamping & pay stubs issue

I am on H4 for past 2yrs. My H1 is valid since Oct07. I want to travel to India in Dec this yr. I have few questions:

1. I haven't started to work. So, what is my status as of now, after my H1 being aproved and valid since Oct1 2007?

2. My H4 is valid till Mar 2008. If I want to travel to India in Nov end and come back in Dec, do I need stamping on my H1 from the consulate.
If YES then:
Do I need to show any pay-stubs?
I NO then:
a. At the port of entry what status is I am supposed to declare?

b. If I enter as an H4 then does that invalidate my H1 visa?

Plz help!!
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  #49 (permalink)  
Old 11-14-2007, 04:33 AM
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p_aluri is on a distinguished road
Default

You are on H1-B starting your approval today(i.e OCT 2007 in your case)

if you leave USA, you have to get it stamped on your H1-B.

So you may need to have paystubs.

If you enter on H4,your H1-B will be abandoned and you no longer can work on H1-B.

Again, I am not a lawyer, please talk to any attorney for further clarifications.


Quote:
Originally Posted by soma18 View Post
I am on H4 for past 2yrs. My H1 is valid since Oct07. I want to travel to India in Dec this yr. I have few questions:

1. I haven't started to work. So, what is my status as of now, after my H1 being aproved and valid since Oct1 2007?

2. My H4 is valid till Mar 2008. If I want to travel to India in Nov end and come back in Dec, do I need stamping on my H1 from the consulate.
If YES then:
Do I need to show any pay-stubs?
I NO then:
a. At the port of entry what status is I am supposed to declare?

b. If I enter as an H4 then does that invalidate my H1 visa?

Plz help!!
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  #50 (permalink)  
Old 01-06-2008, 02:38 PM
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daramesh is on a distinguished road
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I have a couple of questions, pl let know if you have valid info.


Situation: Spouse came to US on H4 and then got converted to H1.Due to delay in pay and not a strong case, she is not willing to go for H1 visa stamping next time when she goes to India. She wasnts to go for H4 visa stamping instead.

1. Is it better to convert to H4 here and then leave for India? We feel that if it would take time to convert to H4, then instead of waiting she can work till the last day here and then quit and leave(because she wants to leave ASAP). Also changing from H1 to H4 here means submitting paystubs and other documents and more scrutiny. I think in Chennai consulate there will be less questions if applying for H4. Any thoughts, pl help?

2. If applying for H4 in Chennai, will they ask for paystubs from her previous H1 status? They shouldnt since she is applying for H4, but I still wanted to know. If they ask why do you want to change back to H4, what is the best answer?

3. Travelling on an expired visa from East coast to Chennai. If there is no time to get transit visa to travel thru Europe, which is the shortest route/best airlines to get to Chennai quickest from say, Atlanta? Pl help

This is urgent, PLEASE HELP
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  #51 (permalink)  
Old 01-14-2008, 02:00 PM
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freshprince is on a distinguished road
Default h1-h4 stamp

HI,

My wife got her h1 approval in Oct 2007. She hasnt been on any project, nor has she received any stubs. i want her to convert to h4 again as she is pregnant. If she goes to India to get her H4 stamped what docs does she need? will there be any problems?
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  #52 (permalink)  
Old 01-14-2008, 04:19 PM
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spouse485 is on a distinguished road
Default not working on H-1, wants to return on AP

Guys, can you clarify my doubts. thanks in advance.

1. I have got H-1B valid from Oct 1st, 2007, but I have not started working yet. I am going to India next month and want to come back using AP (obtined thru my husband's GC process). Will there be any problem at port of entry?

2. What should I tell at POE about my H-1B visa? Do I need show any pay stubs or employment letter?

3. Is it better to revoke my h-1B before I go to India to avoid this confusion ? If so, how do I revoke H-1B
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  #53 (permalink)  
Old 06-01-2008, 09:55 PM
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praharideep is on a distinguished road
Default H4 Visa

Hi

I want to bring my wife on H4.

Its been 2 months since I am in US and I have been working since last month i.e. as of now I have only 1 paystub.

Will this be enough for her H4 stamping in INDIA.

Thanks
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  #54 (permalink)  
Old 06-06-2008, 03:16 AM
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jkamel5 is on a distinguished road
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Hi,
I am on H1B visa and I am working. My wife is currently on F-1/OPT. We are both in the USA. Could you please advise me what is the required documents/steps to apply for her for H4 visa?
Thank you,
John
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  #55 (permalink)  
Old 06-06-2008, 04:55 AM
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Quote:
Originally Posted by praharideep View Post
Hi

I want to bring my wife on H4.

Its been 2 months since I am in US and I have been working since last month i.e. as of now I have only 1 paystub.

Will this be enough for her H4 stamping in INDIA.

Thanks

You need atleast 2-3 paystubs, employment verification letter from employer, bank statements with a decent balance etc among other documents.
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  #56 (permalink)  
Old 07-26-2008, 09:15 PM
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anancish is on a distinguished road
Default my old h1b employer is not paying last two months salary

My question involves employment and labor law for the state of: CA

I have worked with a company on h1b from 1st jul to 12 nov in 2007 on h1b visa. They did not pay me for last 45 working days. My employer is telling about the following clause in in my offer letter:


SALARY: You will be paid an amount equal to a 70% basis of your bill rate based on the understanding that you will work with us for a period of at least one year. If you leave Company before completing 1 year of employment your compensation will be adjusted to a $55,000 per year basis and the excess amount paid to you will be deducted from the last two months of your salary.

Please let me know whether this is legal to have this kinda clause in offer letter. Is there any way to get my salary?

Thanks much!
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  #57 (permalink)  
Old 08-10-2008, 12:43 PM
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Default

Quote:
Originally Posted by anancish View Post
My question involves employment and labor law for the state of: CA

I have worked with a company on h1b from 1st jul to 12 nov in 2007 on h1b visa. They did not pay me for last 45 working days. My employer is telling about the following clause in in my offer letter:


SALARY: You will be paid an amount equal to a 70% basis of your bill rate based on the understanding that you will work with us for a period of at least one year. If you leave Company before completing 1 year of employment your compensation will be adjusted to a $55,000 per year basis and the excess amount paid to you will be deducted from the last two months of your salary.

Please let me know whether this is legal to have this kinda clause in offer letter. Is there any way to get my salary?

Thanks much!
What is your salary on H1 LCA? Is it 55,000 year?

If you're paid > LCA Salary, then probably nothing much can be done.
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  #58 (permalink)  
Old 02-23-2011, 05:58 PM
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rjd1234 is on a distinguished road
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Quote:
Originally Posted by sertha1 View Post
I came to US on h4 i applied for H1-B Visa.again I would like convert to H4 Visa.
My H4-visa stamped until 09/30/2007
My husband H1-B Visa stamped until 09/30/2007.
My husband applied for his H1-B extension But we didnt receive approval notice.we have recipe copy.

Is there any chances to reject my h4visa(boz only 2-3 months left for my husband h1-b expiration)
----------
Hi sertha1,
I have a similar situation. Can you please tell me how you resolved this problem?
Thanks
r
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  #59 (permalink)  
Old 02-23-2011, 06:17 PM
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Quote:
Originally Posted by anancish View Post
My question involves employment and labor law for the state of: CA

I have worked with a company on h1b from 1st jul to 12 nov in 2007 on h1b visa. They did not pay me for last 45 working days. My employer is telling about the following clause in in my offer letter:


SALARY: You will be paid an amount equal to a 70% basis of your bill rate based on the understanding that you will work with us for a period of at least one year. If you leave Company before completing 1 year of employment your compensation will be adjusted to a $55,000 per year basis and the excess amount paid to you will be deducted from the last two months of your salary.

Please let me know whether this is legal to have this kinda clause in offer letter. Is there any way to get my salary?

Thanks much!
anancish

CA Law very clearly states all employee dues including vacation payouts will have to be cleared within 72 hours of the employees last day. Unless you have signed any agreement to withhold your salary, your employer has no right to withhold the amount.

Even if you signed such an agreement and they withheld a penny more, feel free to call the DoL and your ex-employer will become an ex-employer
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  #60 (permalink)  
Old 02-23-2011, 06:20 PM
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Quote:
Originally Posted by rjd1234 View Post
----------
Hi sertha1,
I have a similar situation. Can you please tell me how you resolved this problem?
Thanks
r
If you knew you wanted to convert back, you should have filed a 539 along with your husband's petition. Not too late, you can still do it but to revert back, they may come back asking for last 3 paystubs to prove you were still in status ona H-1.

HRPRO
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