Portland, OR asked in Immigration Law for Oregon

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?

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1 Lawyer Answer
James L. Arrasmith
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  • Immigration Law Lawyer
  • Sacramento, CA

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.

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