My employer is filing an H1B amendment, but I don’t have paystubs from the past couple of months. Will this be a problem?

Answer

In order to obtain approval of an amended H1B petition with an I-94 reflecting continued / extended status, it is necessary to show that one is in valid status at the time the amendment is filed. For H1Bs, this proof normally would include paystubs. H1B employers must pay employees the required wage. Assuming you have been in the U.S. during this time when no paystubs were issued and there isn’t some other valid explanation, you likely fell out of status. It would be best to schedule a consultation with an attorney to discuss this matter. (29.Jun.2015)

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