H1 Transfer to Current Client

**Mat** · 05-03-2007, 11:56 AM

I came to US couple of months back since then working with my current client. My current client(a very reputed Organization) is giving me an offer to join their Organization directly. However my current Employer has not given me the paystub for last month, and will not give me the same in future. Incidentaly I have my first pay stub i.e. now almost 2 months old.

Is it possible for me to get a H1 transfer with 2 month old paystub. In my bank a/c, will the bank statement help in any way as proof of current employment.

Please help.

**Mr. Knowitall** · 05-03-2007, 12:25 PM

Your employer is legally required to provide a paystub with each paycheck. If they are not doing so, consider making a complaint with your state's department of labor or the U.S. Department of Labor.

**Mat** · 05-03-2007, 12:56 PM

Thanks for the reply.
Currently I dont want to get into the legal aspects and worsen my relationship with my current employer. Doing so they can even cancel my H1. Is there any amicable way based on my current scenario, I can get a H1 transfer.
Please help...

**cbg** · 05-03-2007, 01:31 PM

Just a minor point; US law does not require a paystub and neither do all states, although most states do.

What state are you in?

**Mat** · 05-03-2007, 02:07 PM

Thanks,
Did you meant, I dont need a paystub for H1 transfer. I thought I need at least last 2 months pay stub as proof of current employment for H1 transfer.

During my H1 transfer process, under which state law will I be governed i.e. the state where my current company is located OR the state where I am currently working with the client.

**Mat** · 05-04-2007, 10:17 AM

I am awaiting for a answer, its urgent....
please let me know can in any cicumstances I can get a H1 visa transfer without having the latest paystub but based on a paystub couple of months old and bank a/c salary deposit details.

**Mr. Knowitall** · 05-04-2007, 10:28 AM

Without proof of employment, you always have the option of leaving the country and applying for a new H1B with the new employer. Admittedly, a far from perfect solution. Consider consulting an immigration lawyer with the specifics of your situation.