H1B transfer while on bench

[ramaksiri]

Hi,

My wife came here on her F2(dependent of F1) visa and she applied for H1B in the Masters quota in 2006 and got approved. Her visa started from Jan 10, 07 and she is on bench and looking for a job from Consultant A. She has no pay checks as she is still looking for a job. Now she has made a fulltime job from Company B. Can she apply for a H1 Transfer without paystubs? I remember looking in another post that a 30 day bench period was legal, so if we apply for a transfer before the 10th of Feb, 07(30 days from when H1 started) will she get the trasfer and if so when can she start working in Company B?
regards,
ramki

[Mr. Knowitall]

Under the law governing H-1B visas she has thirty days to start working and be on payroll. She should ask her employer for a certificate documenting that she has been on leave ever since she arrived. The certificate can be used to prove she was not fired and is working.

[ramaksiri]

Thank you very much for the reply. There is one more issue here. Consultant A is not willing to let her go and will not help her. Company B said they will go ahead and apply for transfer without the paychecks or the letter. What would happen in this case. At what point should she inform Company A regarding her shifting of job?
Also when can she start working? Should she wait till the receit notice or just that INS received her transfer. Also will premium processing be better if she applies for a transfer?
Regards,
ramki

[Mr. Knowitall]

With that many questions and an uncooperative employer, I would suggest that she schedule a consultation with an immigration lawyer.