H1 transfer - Urgent!! Please!!

[jayachan]

Hi,

I would like to clarify my H1 Transfer question.

1) I was on L1, have pay-stubs from past two years till Sep 2007.

2) My H1 Visa was approved from Oct 1st, 2007 with I-94 attached at the bottom. My employer has 60 days to pay me. (I would say bench period, as I am not getting paid).

3) In the mean time I am trying to transfer my H1 VISA to a different employer (as it has been only 32 days).

My question would be, can I transfer my H1 to a different employer? Could you please let me know.

Thank you,
Jai

 

[EricS]

Hi,

I would like to clarify my H1 Transfer question.

1) I was on L1, have pay-stubs from past two years till Sep 2007.

2) My H1 Visa was approved from Oct 1st, 2007 with I-94 attached at the bottom. My employer has 60 days to pay me. (I would say bench period, as I am not getting paid).

Bench period is no excuse as far as your H1 status is concerned, you need to get paid.

3) In the mean time I am trying to transfer my H1 VISA to a different employer (as it has been only 32 days).

My question would be, can I transfer my H1 to a different employer? Could you please let me know.

Thank you,
Jai

You should be able to . If you file transfer now with old paystubs (from L1), it may work, and may not, because those pay stubs are not from the H1 employer. But, no harm in trying. Not sure, but I think legally a company is supposed to pay within 15 days of completion of a pay cycle. So that give you total 45 days to get your 1st paycheck.

If you want to make sure, then you will have to get a couple of paystubs from your current H1 sponsoring company. Is that a "Desi" consulting company. If so, you may be able to persuade them to give you paystubs after paying from your own pocket.