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H1B amendment; Running payroll and changing employers

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  • H1B amendment; Running payroll and changing employers

    I'm on H1B and I have been in the united states for more than 6 months now, but I have not been working the length of this time. My employer has not been running my payroll either. Now I received a job offer on my own from another employer and this is full time. I need to convince my current employer to give me pay checks for the amendment. Do I need them to run the payroll for the whole time I am in the US or just for the last 3 months? I'm assuming I definitely need to the pay stubs for the 3 months at least to amend my H1B.
    My spouse is on an H1B as well and my employer is asking me to convert to H4 and let this offer go. However I'm not sure I want to do this. Any advice on how to proceed is appreciated?

  • #2
    Also my employer is denying me the paystubs. How do I convince him that it is in his best interests as well?
    He is asking me to convert to H4 and wait until he provides me with an opportunity himself. I really am not sure about this. I'm not confident in his ability to find me a job anytime soon. But just to consider this, if after converting to H4 and hopefully get a job in the next few months(I believe I will be cap exempt for converting back to H1), will I still need the paystubs from this employer for the time I spent on bench? Like Am I in anyway beholden to him for my next stint?

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    • #3
      Originally posted by SolSeeker View Post
      I'm on H1B and I have been in the united states for more than 6 months now, but I have not been working the length of this time. My employer has not been running my payroll either. Now I received a job offer on my own from another employer and this is full time. I need to convince my current employer to give me pay checks for the amendment. Do I need them to run the payroll for the whole time I am in the US or just for the last 3 months? I'm assuming I definitely need to the pay stubs for the 3 months at least to amend my H1B.
      My spouse is on an H1B as well and my employer is asking me to convert to H4 and let this offer go. However I'm not sure I want to do this. Any advice on how to proceed is appreciated?
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      • #4
        Your message was posted anonymously on our Facebook wall at https://www.facebook.com/desiopt1/po...19239081426790 9th Aug - Please review comments from other users

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        • #5
          Originally posted by SolSeeker View Post
          I'm on H1B and I have been in the united states for more than 6 months now, but I have not been working the length of this time. My employer has not been running my payroll either. Now I received a job offer on my own from another employer and this is full time. I need to convince my current employer to give me pay checks for the amendment. Do I need them to run the payroll for the whole time I am in the US or just for the last 3 months? I'm assuming I definitely need to the pay stubs for the 3 months at least to amend my H1B.
          My spouse is on an H1B as well and my employer is asking me to convert to H4 and let this offer go. However I'm not sure I want to do this. Any advice on how to proceed is appreciated?
          You need to speak with immigration attorney immediately. You are out of status. There are other options you have other than simply trying to convince this employer to run payroll.

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          • #6
            If you are changing your employer then they call it as H1 transfer not H1 amendment which means your new employer will be filing a new petition with uscis.
            It is good to have paystubs and converting to H4 and then to H1 (provided if you get job )might have its own hackles. For example change of status might get denied. It again depends on case to case. I would suggest you to reach out to any attorney for better consultation

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