H1 Transfer without recent pay stubs..Pls Help

[rao_123]

Hi,

I am on H1B visa for my employer X. Presently working as a contractor in Company C (client).

My visa is going to expire on Sep,2010. At present I want to apply for H1 transfer through my client where I am presently working. We all know that H1 transfer requires recent pay stubs.

But my problem is:

My employer paying & generating pay stubs regularly but with 3 months late. Becoz my employer receiving pay from client/prime vendor late.

At present I have pay stubs which are 3 months old, still I am working at client place.

1) Is there any legal/defensive approach, I can follow so that my employer can pay me on time?

2) If I want to apply for H1 transfer now, can I produce pay stubs which are 3 months old? what are the chances that I can get approval? what are the consequences if it is denied?

3) My present employer surely will apply for H1 extension this year. Should I wait and do h1 transfer after my h1b extension approval ?

what is the recommended approach? Please help me on this..

Thanks

 

[ginnu]

Hi,

I am on H1B visa for my employer X. Presently working as a contractor in Company C (client).

My visa is going to expire on Sep,2010. At present I want to apply for H1 transfer through my client where I am presently working. We all know that H1 transfer requires recent pay stubs.

But my problem is:

My employer paying & generating pay stubs regularly but with 3 months late. Becoz my employer receiving pay from client/prime vendor late.

At present I have pay stubs which are 3 months old, still I am working at client place.

1) Is there any legal/defensive approach, I can follow so that my employer can pay me on time?
-----------------------you will need latest 2-3 pay stubs. you should request your employer to pay you and get pay stubs
2) If I want to apply for H1 transfer now, can I produce pay stubs which are 3 months old? what are the chances that I can get approval? what are the consequences if it is denied?
------------------------not a good approach. may get rejection.
3) My present employer surely will apply for H1 extension this year. Should I wait and do h1 transfer after my h1b extension approval ?
--------------------------you can wait but still you will need latest pay stbs and valid I-94.[/B
]what is the recommended approach? Please help me on this..
--------------------Get the latest pay stubs. let employer B file for H1 transfer through premium processing and join only AFTER H1 for new employer gets approved. New Memo of january 8 has created many problems.
Read New H1 Memo of January 8-2010
http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B Employer-Employee Memo010810.pdf
Thanks

--------------------

 

[Concerned4us]

Your late payments are not appropriate. Your pay is not dependent on your employer receiving payment; his cash flow problem is his - not yours. You could speak with someone from the department of labor in the state in which you are working to determine your options. Since you are being paid although quite late, I am not sure the best option is to file an official complaint at this time, but an attorney or DOL representative can better advise you. I would worry that when you resign to accept another position that you will not be paid the wages you are due.