H1 Transfer

[SKPI]

I want to transfer my H1 visa to another company. My company does not give me paystubs. But I do get my salary transferred in to my bank account by electronic/wire transfer. I have all the monthly bank statements which show the companys name and proof that I am getting paid.
Question: can I use bank statements instead of a paystub to show that i am in status for getting a transfer done?

Thanks,

 

[nkm-oct23]

Originally posted by SKPI
I want to transfer my H1 visa to another company. My company does not give me paystubs. But I do get my salary transferred in to my bank account by electronic/wire transfer. I have all the monthly bank statements which show the companys name and proof that I am getting paid.
Question: can I use bank statements instead of a paystub to show that i am in status for getting a transfer done?

Thanks,

What kind of a company are you working for? Any legitimate business will provide documentation along with salary, even those who provide direct deposit. An earnings statement or pay stub is usually given (and I think are required by law).

 

[vishsh]

Similar question but in a different sitaution

I had earlier asked a similar question but for a different situation. My situation is that my H1 with the current employer (a consulting company) is only about a week old. But Still my employer hasnt found any project yet for me to get started on. For one contracting job that I was able to find by myself, this employer is unable to work out on a corp-to-corp arrangement, and hence it has been really frustrating for me to be on H1 status (for about a week now) and do not have any work on hand and I fear that already am or I will be out if status if this continues. So I want to get the H1 transferred ASAP from this employer to a new employer who can start me on a project any day now. But I wonder if the transfer would be approved? I do not have any paystubs from the current employer to show as I have been on H1 for only 6 days now.

I had received a reply earlier on this board that in such as a situation, instead of paystubs, you can include the Contract agreement with the current employer and/or letter of employment with the current employer to prove that you are on a valid H1 status. But like I said earlier, my situation is completely different, as I have been on H1 for only 6 days as of today. Dont know if this would apply to you. Also in my opinion, you can always include a covering letter to explain why you are including a different type of document in place of a required document. And as always, the most certain answer for a specific different type of situation can be only obtained from a experienced attorney. Good luck with your transfer.

 

[vishsh]

About companies not issuing paystubs

I dont know what the situation is with SKPI, but I know a lot of companies (dont like to generalize, but I am afraid I have to - mostly desi consulting companies) who withhold documents relating to the employee's H1 status - including the original H1 approval notice slip, I94, paystubs, etc. just to make sure that the employee (consultant) does not get swept away by a different consulting company or a full time employer. Usually the employee cannot complain or take legal action - his first fear is that the employer will cancel his H1 and in the current scenario, if you cannot get a transfer or a change of status done in time, you will be out of status for atleast 6 months!

 

[orazone]

Lets try to answer his question.

I , honestly speaking, dont know what legal options you have. If i were you I would try submitting bank statements and if BCIS issues a an RFE i would tell them about the situation in detail. What else you can do man?? If you dont do anything then you are totally screwed. This company will suck you like a vampire and after that will throw you away.

Now i am also a bit scared ... i mean i recently joined a desi company ..... but If i dont receive a payslip i will talk to them right away. I wont stand this type of nonsense.