H1 transfer w/o paystubs

T

theshiningsun

Registered Users (C)
hi all,

i got my H1 approved from employer A. but employer A has not yet found prj for me. he is not paying on bench & so i hv no paystubs. now company B is ready to transfer my H1 to them.

my questions

1. if i file for transfer w/o paystubs, will it get approved w/o I-94?

2. http://www.path2usa.com/immigration/exttrans/h1_transfer.htm

this link says that I-94 has nothing to do with H1 transfer. so if my H1 transfer is approved w/o I-94 do I hv to leave US and reenter with stamp?

3. suppose my H1 transfer to employer B is approved w/o I-94. but by that time if employer A finds me a prj. then can I still continue with employer A?

4. if H1 transfer to employer B is approved w/o I-94. then can i apply for transfer to employer C?
 
theshiningsun said:
hi all,

i got my H1 approved from employer A. but employer A has not yet found prj for me.
-----project or no project he need to pay you what is minimum on LCA
he is not paying on bench & so i hv no paystubs.
----Bench is NOT allowed, you can recover the wages through DOL
now company B is ready to transfer my H1 to them.

my questions

1. if i file for transfer w/o paystubs, will it get approved w/o I-94?
--------------------- it may get approved without I-94 or it can be denied as your employer is not paying you and you are not working on H1
2. http://www.path2usa.com/immigration/exttrans/h1_transfer.htm

this link says that I-94 has nothing to do with H1 transfer.
so if my H1 transfer is approved w/o I-94 do I hv to leave US and reenter with stamp?
-----------------yes
3. suppose my H1 transfer to employer B is approved w/o I-94. but by that time if employer A finds me a prj. then can I still continue with employer A?
-------Yes
4. if H1 transfer to employer B is approved w/o I-94. then can i apply for transfer to employer C?
----------- go out get H1 stamp based on B approval enter US ,work with B, get 2-3 pay stubs and C can file transfer. i you are intrested in C then why you want to waste the money of B? file through C once approved go out and get H1 stamp enter and work with C.
Click to expand...
 
thx ginnu for prompt response.

i got my H1 approved from employer A. but employer A has not yet found prj for me.
-----project or no project he need to pay you what is minimum on LCA
he is not paying on bench & so i hv no paystubs.
----Bench is NOT allowed, you can recover the wages through DOL
Click to expand...

what i am afraid of is that if i complain to dol, he might cancel my visa.

4. if H1 transfer to employer B is approved w/o I-94. then can i apply for transfer to employer C?
----------- go out get H1 stamp based on B approval enter US ,work with B, get 2-3 pay stubs and C can file transfer. i you are intrested in C then why you want to waste the money of B? file through C once approved go out and get H1 stamp enter and work with C.
Click to expand...

u r right there. i asked that bcoz i wanted to know what r the options i hv if the transfer to B gets approved w/o I-94.
 
theshiningsun said:
thx ginnu for prompt response.



what i am afraid of is that if i complain to dol, he might cancel my visa.

-------------- He can cancell the H1 by writing to USCIS, he canot cancel VISA stamp that is under DOS. file the H1 through C once the petition of C reach the USCIS then contact DOL and lodge the complaint:


READ below:
Complaint to DOL for wages against employer
http://www.dol.gov/esa/whd/
http://www.dol.gov/esa/forms/whd/fts_wh4.htm
http://www.immigrationportal.com/showthread.php?s=&threadid=103054&highlight=complaint+to+DOL
Fill up form WH-4 send it to DOL they will take care


http://www.dol.gov/esa/whd/
HIB complaint form
Print the form WH-4 The form must be forwarded to the Wage and Hour Division (WHD) office,
which has jurisdiction over the physical location of the employer.
For WHD locations, see the telephone directories under U.S. Government,
Department of Labor, Wage and Hour Division or
http://www.dol.gov/esa/contacts/whd/america2.htm on the internet
http://www.dol.gov/esa/forms/whd/fts_wh4.htm
also visit the thread for complaint
http://www.immigrationportal.com/showthread.php?s=&threadid=124528
Click to expand...
 
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