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  1. #1
    Join Date
    Feb 2007
    Posts
    6

    Default H1 Transfer With No Paystubs

    Hi

    I have read the posts with similar subject and it has left me a bit confused.

    I have come into US in Dec '06 on H1B and till now the company (say A) has not paid me i.e. I am not on their payrolls yet. This is because they haven't been able to place me on a "client project". Also, officially I do not have any official letter which says I have joined them or I am their employee. But they have been taking care of my boarding and lodging, with an occasional cheque payment but mainly through cash payments.

    As such, there was nothing in my job offer letter which told me that I wont be paid "on bench" otherwise I wouldn't have come at all.

    Now since its been almost 9 weeks now, I am looking to change jobs. I have found a willing employer who wants to hire me, but they are unsure if there is a legal possibility to successfully do the transfer. They say without the pay stubs, the petition might get rejected as well. So, here are my questions:

    a) Am I "out of status" as of now?

    b) Is there any way I can get my H1 transferred without any pay stubs and without a proof that I reported to my job office (I have proof of cheque reimbursements made to me though)?

    c) If company B files for the transfer, can I start working for them as soon as they receive the receipt number?

    d) What could be the worst case scenario in this regard? Would the H1 get canceled altogether if the transfer doesn't works out? Or is it possible that I can go out of US and get my visa stamped once again in name of company B(new employer) and then return to work for them?

    Kindly guide me. I have no knowledge about the legal aspect in this regard.

    Sincere regards

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: H1 transfer with no paystubs

    Will your current employer provide a letter confirming your employment?

  3. #3
    Join Date
    Feb 2007
    Posts
    6

    Default Re: H1 transfer with no paystubs

    Well I have the offer letter from them.

    If I ask them for a letter, they would ask me why I need it for. And obviously I don't want to let them know that I am going ahead for a transfer.

    So, I guess I won't be able to get any letter from them.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: H1 transfer with no paystubs

    They should be paying you. If you don't have paystubs because they are not paying you and you can't otherwise get confirmation of your employment, you should consult an immigration lawyer. Technically speaking you were supposed to commence employment within ten days of arrival, and this could turn into a real problem for you both in terms of your status and difficulty transferring your H-1B.

  5. #5
    Join Date
    Feb 2007
    Posts
    6

    Default Re: H1 transfer with no paystubs

    Thanks for your replies guys.

    Even I think they should be paying me...!!
    And thats exactly why I am looking for a change.

    I did report to their office the next day I landed here.

    Initially I was told, I can't be paid as I don't have an SSN - which took almost a month to come. Then I was told, since I am on bench, I won't be paid.

    As such, I can't force them to pay me unless I take the legal route, which as of now I dont want to take since that would result in immediate cancellation of my H1 from their side.

    But, as a proof that I reported to their office, I have copies of the cheque payments/bank statements showing that they made payments to me (as allowance and reimbursements) and I hope if need be, these can prove that from my side atleast, I did report to their offices and seeked work. Otherwise, why else would I be getting "re-imbursements" or "allowance" from them if I am not employed with them.

    Is there anything else I can do to get a smooth H1 transfer asap?

    Thank you so much once again...

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: H1 transfer with no paystubs

    If you're "on the bench", they should confirm your employment. Also, even if you're on the bench, they're not relieved from their obligation to pay you in an amount consistent with the LCA. Proof of the payments you have received may be sufficient, but I would again suggest consulting an immigration lawyer. Once you transfer you can consider attempting to recover the salary that they did not pay.

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