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  #1 (permalink)  
Old 06-21-2007, 07:24 PM
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muthiahmerchant is on a distinguished road
Default H1 - H4 no paystub

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
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  #2 (permalink)  
Old 06-21-2007, 08:52 PM
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zico123 is on a distinguished road
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Quote:
Originally Posted by muthiahmerchant
if we go to canada to get H4 stamping will they ask for her pay stubs or just my pay stubs are enough.
H4 is a dependent visa and there is NO legal employment allowed on H4 status.
Quote:
Is there any chance of rejection. also can I go to canada for stamping or do i have to go to home country.
if wife's stay in US has been legal and she has been in status then there should be no worries. For H4 make sure you carry all the H1 documents as well.
Quote:
is there any site or posting that explains the process of applying for H4 in canada.
check websites for US consulate in canada where you want to go for stamping. They will list all documents required.

Last edited by zico123; 06-22-2007 at 08:23 PM.
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  #3 (permalink)  
Old 06-21-2007, 09:21 PM
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[quote=zico123]H4 is a dependent visa and there is legal employment allowed on H4 status.

I dont agree with the above statement.
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  #4 (permalink)  
Old 06-21-2007, 10:39 PM
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ksach is on a distinguished road
Default may not need paystubs

I checked with a lawyer once and she told me that you do not need paystubs for her. you need a paystub for yourself because you should be in status. dont know if all lawyers would agree.
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  #5 (permalink)  
Old 06-21-2007, 11:16 PM
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there is no employment allowed on H4. Please check with your lawyer as you might have problems with canada stamping
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  #6 (permalink)  
Old 06-22-2007, 12:34 AM
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ksach is on a distinguished road
Default change of status to H4

Quote:
Originally Posted by ksach
I checked with a lawyer once and she told me that you do not need paystubs for her. you need a paystub for yourself because you should be in status. dont know if all lawyers would agree.

i forgot to mention - i had asked the lawyer about change of status to h4 instead of a stamping at a canada consulate. first change the status here to h4. in that case u would need a stamping only when you leave the country. who knows by that time u might receive your AP.
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  #7 (permalink)  
Old 06-22-2007, 02:10 PM
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muthiahmerchant is on a distinguished road
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Quote:
Originally Posted by aviko21
there is no employment allowed on H4. Please check with your lawyer as you might have problems with canada stamping
she has never worked on H4. The problem is that she has not worked on H1 either and I am thinking of changing her back to H4 to be safe.

within country applying for change of status is not safe, cause she is out of status without any paystubs.

the only 2 choices I see are ask employer to generate paystub and switch to H4 or else leave country and get a brand new H4 on the passport. But was wondering even in this case will they question about previous visa status history or will they just look at my pay stubs so far and grant her a H4. And if doing this in canada is a safe option or not.
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  #8 (permalink)  
Old 06-22-2007, 08:24 PM
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zico123 is on a distinguished road
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[quote=OLDMONK]
Quote:
Originally Posted by zico123
H4 is a dependent visa and there is legal employment allowed on H4 status.

I dont agree with the above statement.
Sorry I forgot to put the "NO: there.
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  #9 (permalink)  
Old 06-24-2007, 12:32 PM
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Default

Quote:
Originally Posted by muthiahmerchant
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
Ask your lawyer.

Home Country is better option. Why? Ask your lawyer.

For H4 visa at consulate, previous out of status does not matter. Why? Ask your lawyer.

When your F1 Status expired, her F2 Status too expired. What to do? Ask your lawyer.

Using fake pay stubs can land you in deep sh***. Why? Ask your lawyer.

She has been out of status > 180 days. Filing I-485 has big risk. Why? Ask your lawyer.

Have you contributed to IV?


Not a legal advice.
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  #10 (permalink)  
Old 06-24-2007, 04:52 PM
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bitzbytz is infamous around these parts bitzbytz is infamous around these parts bitzbytz is infamous around these parts bitzbytz is infamous around these parts bitzbytz is infamous around these parts bitzbytz is infamous around these parts bitzbytz is infamous around these parts bitzbytz is infamous around these parts bitzbytz is infamous around these parts bitzbytz is infamous around these parts bitzbytz is infamous around these parts
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what do you mean by fake pay stubs, can you please clarify.

I am in process of generating pay stubs for my wife by paying the employer tax...so that she is covered for the un paid H1 period.

Why will this cause problem
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  #11 (permalink)  
Old 06-24-2007, 05:15 PM
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Hi bitzbytz,

How much are you paying and for how many paystubs? Are you planning to go out of country for stamping? I am in a similar situation.

Did you got the visa stamping dates?

Thanks

Quote:
Originally Posted by bitzbytz
what do you mean by fake pay stubs, can you please clarify.

I am in process of generating pay stubs for my wife by paying the employer tax...so that she is covered for the un paid H1 period.

Why will this cause problem
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  #12 (permalink)  
Old 06-24-2007, 05:21 PM
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sertasheep will become famous soon enough
Default General Rule

desi3933 is right.

- While on a H1 or a L1 visa, one is expected to maintain a continous period of employment. If one is on a H1 visa and does not get paid, that individual automatically falls "out of status".
- It does not matter if the person has other seemingly valid visa stamps on his/her passport.
- The only highly-skilled dual intent visas that allow one to work, are the H1 and the L1, as far as I am aware of. Dependent visas do not allow one to work, such as H4 or L2. The only way one can work while being a dependent is if one has an EAD based on a pending AOS(I-485).
- If one is on a H1/L1 and wants to switch to say a dependent visa (H4 or L2), one has to submit a change of status form (I-539?). The person is assumed to be in "authorized status" until the change of status (or even an extension) occurs. If the COS or extension gets denied, the person is retroactively "out of status" from the original date of expiration on the previous visa.
- Accruing over 180 days will entail a bar of 3 years for re-entry after the person leaves the US.
- Accruing over 365 days will entail a bar of 10 years for re-entry after the person leaves the US.

Also see the last paragraph on Rajiv's website here: http://www.immigration.com/faq/status.html


Under the current system, unfortunately, there is limited employee protection or even whistle-blowing, so seek a competent attorney's advice right away.

- Remember, the affected individual(in this case your wife) has a lot to lose if she leaves the US(ie cross the official border), even to visit Canada. Competent attorneys can help arrange for waivers from typically the home consulate(ie consulate in home country). Consulates in third countries do not entertain applicants for visa stamping or visa renewals if they have not maintained status.

- If the home consulate approves the said individual's visa renewal or new visa stamping, that individual can enter the US, however, there is lack of clarity on whether such a person will be finally able to "adjust status" to become a lawful permanent resident.

This is a SERIOUS matter requiring legal competent advice.
email me at "sertasheep at immigrationvoice dot org" if you have any followup questions.

NOTE: Immigration Voice does not purport this to be legal advice, and you are strongly advised to seek legal opinion. Employers, as a rule, must not ask for payment in any shape or form to produce paystubs. Immigration Voice always advocates abiding by the law, no matter how archaic they may be. As the applicant, the burden is on the individual to maintain status. Please do your research
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Have faith and maintain hope

Last edited by sertasheep; 06-24-2007 at 05:37 PM.
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  #13 (permalink)  
Old 06-24-2007, 05:56 PM
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hi desi3933

my wife was out of status from mar 2006, her visa got approved on mar 2006. till mar 2006 she was on a valid f2 visa since i was then on a f1visa...i will try to catch hold of the employer...but i 'm not sure this will work out well..i want to know more about fresh visa stamping at chennai, india. i will give all my docs and i have been on valid status, while filing form ds 156 in the visa type column, i will have to mention her visa types, however they are not asking details or duration of the visa types...., i do not want to lie abt it. i want to know if they would ask her paystubs to prove her status here..this is my question,anybody has any Experience regarding the stamping please share...anybody who knows a nice immigration lawyer, please let me know, you can email me at s_7911@yahoo.com

thanx
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  #14 (permalink)  
Old 06-24-2007, 07:17 PM
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bitzbytz is infamous around these parts bitzbytz is infamous around these parts bitzbytz is infamous around these parts bitzbytz is infamous around these parts bitzbytz is infamous around these parts bitzbytz is infamous around these parts bitzbytz is infamous around these parts bitzbytz is infamous around these parts bitzbytz is infamous around these parts bitzbytz is infamous around these parts bitzbytz is infamous around these parts
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serta i have sent private message
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  #15 (permalink)  
Old 06-24-2007, 08:29 PM
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bitzbytz is infamous around these parts bitzbytz is infamous around these parts bitzbytz is infamous around these parts bitzbytz is infamous around these parts bitzbytz is infamous around these parts bitzbytz is infamous around these parts bitzbytz is infamous around these parts bitzbytz is infamous around these parts bitzbytz is infamous around these parts bitzbytz is infamous around these parts bitzbytz is infamous around these parts
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"problems if generating paystubs"..is this a pure speculation or do you have to anything to back this statement....
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