Dear Mr. Fan,
My H-1B started on Oct 20 2004. My employer is experiencing financial difficulties and I never got paid after my H-1B started. After I talked with the boss, he agreed to pay me, but not through payroll because of the extra taxes. I'm considering resigning and changing status to H-4. However, I'm not sure if I can get a payroll stub from this employer. My question is:
1). If I can't get any payroll stub, what can I do? I was informed that I need the payroll stub to prove my H-1B status if I want to change to H-4. Can I write a letter to INS explaining that my employer delayed my wages and I just learned that they wouldn't pay me through payroll so I'm requesting change of status? Will the INS accept this explanation?
2). What if INS requires that I submit other evidence that I actually worked for this employer? What evidences can I give them? I don't think this employer will give me any letter which actually proves that they broke the law by refusing to pay me through payroll.
3). If I do manage to get a payroll stub from this employer, e.g. payroll report shows the payment is for the period Dec 08-Jan 08, what's the latest time I must file H-4? In other words, is there any grace period between the last payroll date and the filing date?
Thank you very much!