H1 Transfer without paystub

D

desicajun

New Member
Hi,

I have my H1 approved with a software consulting company(desi) on the bench for 8 months. I want to transfer H1 and i don't have any pay stubs. The consultant is not willing to give any documents ( H1 visa papers or pay stub). Please let me know of legal options i can take.


Thanks
 
You must be in status to transfer your visa. Since you have not be paid, you are out of status and a transfer will NOT be approved in your current state. You need to file a complaint with the DOL for back wages. Any change of employer will likely require consular processing or that you at least exit and reenter the country with a new approval notice.

You should take a consultation with an immigration attorney.

Why are you just now addressing the fact that you have been out of status for so long? You surely were aware that this is a serious problem for your future in the US.

Please note that if your employer generates fraudulent pay stubs for you, you have bigger problems than you do now so don't participate in this fraud.
 
Concerned4us said:
You must be in status to ...........

................
for you, you have bigger problems than you do now so don't participate in this fraud.
Click to expand...

Concerned4us: you might be theoritically correct, but not 100% correct. I also went through the same situation like him/her (although i was not with my initial H1B filing company for 8 months), but i did manage to transfer my H1B after I went through Query (and then ppl like you came up and told me that i was out of status , blah blah )0 ... i think everything depends on case by case situations. I would suggest the actual poster to talk to an expert and look for the loopwholes.
 
You situation likely occurred before the recent investigation that showed an extremely high level of fraud in the H1B program. Outrage at the results of this investigation is very likely to affect current and future decisions.
 
In the worst case, if you have to leave US..before leaving US you should send a mail to USCIS with all the details. As you are on H1, your employer should pay for your travel expenses..These kind of desi employers should be exposed..
 
Also, as per law when you are H1 ,your H1 papers should always be with you not with your employer..this is valid case to send complaint to USCIS..
 
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