Q: H1B approved, no paystubs since October 1st(because of training). USCIS site visit is incoming. Am I doomed, help?
My H1B is approved, and I am currently involved in training. My employer has not generated paystubs since I am in training; they will be generated at the end of this month. I am currently on vacation, and during this time, USCIS conducted a site visit but did not find me at the location. The officer called and inquired about my return date for a compliance review.
Employer is in Georgia
If a NOIR is a possibility, what are my options? Can I revert back to my STEM OPT?
A:
In your situation, the key issue is compliance with H1B visa regulations. If your H1B is approved but you haven't received paystubs due to being in training, this could raise questions during a USCIS site visit. H1B visa holders are typically required to be paid starting from the employment start date indicated in the petition or from the date they become eligible to work under the H1B status, whichever is later.
The absence during the USCIS site visit, while on vacation, is understandable, but it's important to ensure clear communication with USCIS. Provide a reasonable explanation for your absence and the lack of paystubs, and ensure your employer is prepared to explain and verify your training status and the pay schedule.
If a Notice of Intent to Revoke (NOIR) is issued, it's crucial to respond promptly and effectively. Your employer should address all concerns raised by USCIS, providing documentation and explanations about your employment, training period, and compensation.
Regarding reverting back to STEM OPT, this may be possible if your OPT period has not expired and you have not utilized all your OPT time. You would need to coordinate with your Designated School Official (DSO) to understand if this is a viable option.
Given the complexity of your situation, it would be advisable to consult with an immigration attorney. They can provide specific guidance, help in preparing a response to USCIS if needed, and advise on the best course of action to maintain your immigration status. Remember, each case is unique, and professional legal advice is important in navigating such situations.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
