H-1b Transfer While in OPT Status

[sanjay.gupta]

Hi,
I just received my H-1B approval today!Currently,I am on OPT and working for Company XYZ since March 2009.Company XYZ files for my H-1B on April 2009 under the advanced degree quota.Currently,I work only 25 hours/week and my salary is under $3000/month.Now,do I need paystubs for H-1B transfer to Company B in my case if I apply for the transfer before October'09?I received a job offer from Company B recently.
Also,IF paystubs are required,will my low pay become a hindrance in transferring my H-1B?

I would highly appreciate your comments on this.Thank you very much in advance

Sanjay G.

[Mr. Knowitall]

The term "transfer" for an H-1B visa is a bit misleading. The most common way it's used is to describe somebody who is working under an H-1B visa and wishes to change employer. A petition is filed to work for the new employer, and the H-1B employee can start working for that employer as soon as the USCIS receives and issues a receipt for the petition. (Granted, there's some risk in starting the new job prior to approval.) In this context, paystubs are needed to document that the person seeking transfer is in status.

There's also sometimes talk of a "transfer" for somebody who has not yet started work under an H-1B visa - somebody like you. (In your case, you can't start work under your H-1B so as to be in H-1B status before October 1, as your H-1B isn't effective until October 1). You can't "transfer" in the sense I just described, as you're not yet working under the H-1B visa.

Your new prospective employer can either file for a new H-1B petition (assuming your original employer is not cap-exempt, you've already been counted against the cap) or if you qualify you can attempt an AC21 transfer. But in neither case, under your facts, would you need paystubs.