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H1B Transfer Without Paystubs

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  • 03-02-2010, 06:52 PM
    BMM
    H1B Transfer Without Paystubs
    Hi,

    I am on H1B visa (held by a consultant company), but I don't have any project since last 3 months. I am on the company's payroll but my paystubs are not getting generated (i.e. I don't get paid). Does this results in invalidating my H1B status? Is there any particular period within which we have to get project (or get paystubs rolling) ?

    Thanks in advance
    BMM
  • 03-03-2010, 08:15 PM
    Mr. Knowitall
    Re: H1b Without Paystubs
    If you're benched, you should be benched with pay. If you've been improperly benched without pay, it will complicate a transfer of your H1B, although it may be possible - your new prospective employer's immigration lawyer may be able to help you. If you weren't benched but were in fact laid off, you're out of status.
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