I just put in my application for H1B transfer. It has my 3 most recent paystubs to prove that I'm in status but my question is, what if they get to my application 3 months from now because they are so backloged? Are they going to request my most recent paystubs then? By then I will no longer work at company A and I will not have any paystubs from there. I will only have paystubs from my new employer. Is this going to be a problem? Please let me know. Thank you.
H1 Transfer and Paystubs - please help
- Thread starter puzon23
- Start date
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Thank you Ginnu for your quick reply. 
I have one more question, my new employer is a consulting business and he will be sending me to his client's site but I will be employed by him and not the client. To prove employer-employee relationship, is it enough to show payroll record, recent paystubs from him and I-9 form? I want USCIS to know that he is my real employer and not some body shop. His business is small, only 3 employees and no office yet, but he has been in business for 3 years now and has shown growth and development. The reason he does not have an office is to keep his cost low at the beginning so he can grow. I'm assuming we can easily show that it is a common practice nowadays and the business is still very legite, am I right? He has a business plan, written contracts with his clients, an accountant and a business account in his bank. For initinal evidence we sent his tax return from last year to show that he has made money and pays his employees and that the business is real and grows. Thank you for your time.
I have one more question, my new employer is a consulting business and he will be sending me to his client's site but I will be employed by him and not the client. To prove employer-employee relationship, is it enough to show payroll record, recent paystubs from him and I-9 form? I want USCIS to know that he is my real employer and not some body shop. His business is small, only 3 employees and no office yet, but he has been in business for 3 years now and has shown growth and development. The reason he does not have an office is to keep his cost low at the beginning so he can grow. I'm assuming we can easily show that it is a common practice nowadays and the business is still very legite, am I right? He has a business plan, written contracts with his clients, an accountant and a business account in his bank. For initinal evidence we sent his tax return from last year to show that he has made money and pays his employees and that the business is real and grows. Thank you for your time.I dont know about your GC process if LC was filed for you by any employer in Past or I-140 filed or I-485 pending. the present employer having only 3 employees and no office is not good for your GC process.Thank you Ginnu for your quick reply.
----that is ok
To prove employer-employee relationship, is it enough to show payroll record, recent paystubs from him and I-9 form?
-------------------you need Paystubs from your new Employer and not from client. you file up the I-9 with your Employer NOT with client.
I want USCIS to know that he is my real employer and not some body shop.
-------------------USCIS knows it and according to me it is"some body shop"
His business is small, only 3 employees and no office yet, but he has been in business for 3 years now and has shown growth and development. The reason he does not have an office is to keep his cost low at the beginning so he can grow. I'm assuming we can easily show that it is a common practice nowadays and the business is still very legite, am I right? He has a business plan, written contracts with his clients, an accountant and a business account in his bank. For initinal evidence we sent his tax return from last year to show that he has made money and pays his employees and that the business is real and grows. Thank you for your time.
Hi,
Thank you for you answers. I have to say that I disagree with you about the term "body shop" and frankly a little turned off by it. It is a negative sounding term and I don't think it is fair to judge someone this way. This guys hired me because of my skill to work for him and not to put me on the bench or send me from project to project and break the rules of H1b program. He does not have any other H1Bs working for him, I will be the first one and most likely the only one. I don't understand the presumption that if someone has a consulting business, it means that it would have to be a body shop. He does not go to other countries looking for foreign labor nor does he advertise as such. All he is, is a small start-up who is slowly growing bigger. I hope that USCIS operates solely on facts that they see put in front of them and not on presumptions.
Thank you for you answers. I have to say that I disagree with you about the term "body shop" and frankly a little turned off by it. It is a negative sounding term and I don't think it is fair to judge someone this way. This guys hired me because of my skill to work for him and not to put me on the bench or send me from project to project and break the rules of H1b program. He does not have any other H1Bs working for him, I will be the first one and most likely the only one. I don't understand the presumption that if someone has a consulting business, it means that it would have to be a body shop. He does not go to other countries looking for foreign labor nor does he advertise as such. All he is, is a small start-up who is slowly growing bigger. I hope that USCIS operates solely on facts that they see put in front of them and not on presumptions.
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