H1 trasfer with no paystubs

L

live4u

Registered Users (C)
Hi,
I landed last week on a H-1 from a consultant A. Now I got a permanent job in the new company B, the employer B is asking me to file for h1 trasfer. As I dont have even a single paystub yet, he is saying the attorney will take care of this by sending a letter along with transfer documents. Is this fine?
Tx
 
live4u said:
Hi,
I landed last week on a H-1 from a consultant A. Now I got a permanent job in the new company B, the employer B is asking me to file for h1 trasfer. As I dont have even a single paystub yet, he is saying the attorney will take care of this by sending a letter along with transfer documents. Is this fine?
---It will NOT be fine, you need 2-3 recent pay stubs from A, work with A for 1-2 months then Only think of H1 transfer filing. A has spent on your H1 filing fees+lawyer fees, why dont you work with him? just came few days back, did no work and want to jump. new company Lawyer cant anything for H1 Transfer USCIS will NOT approve H1 transfer with out pay stubs but they may approve it as FRESH NEW H1 and no I-94 will be attached and you might have to go out of US get new H1 Visa stamp then enter on H1b status then work with B. your employer B is telling you lie that lawyer can file H1 Transfer with out pay stubs, dont belive him
Tx
Click to expand...
 
ginnu,
tx. But my employer B has already started the process of transfer. I will be getting my first paystub. Attorney of employer B was asking for employment letter so that he can show that as proof. Now that I will be having one paystub(only for the last 2 days in the month), will it suffice?
 
live4u said:
ginnu,
tx. But my employer B has already started the process of transfer. I will be getting my first paystub.
---first paystub from A or B? pay stub for H1 transfer was needed from A, if your H1 transfer is NOT approved and you started working with B and got payment and H1 Tranfer is denied then your work with B will be unauthorized. i stick to what I posted earlier
Attorney of employer B was asking for employment letter so that he can show that as proof. Now that I will be having one paystub(only for the last 2 days in the month), will it suffice?
----- you need to ask your lawyer who filed H1 transfer with out any pay stub from A. he will be able to give you answer
Click to expand...
 
live4u said:
The paystub is from employer A. Will this be good enuf?
---- I am 90% sure that your lawyer will get RFE for pay stubs as at the time of filing H1 transfer you did not have pay stubs from A. you hired a lawyer and better ask him. It seems to me that USCIS may not approve the H1 Transfer as no paystubs were submited from employer A USCIS may approve H1 as Fresh NEW H1 with out I-94 and your work with B may be treated as unauthorized work if that happens and you need to go out of US if no I-94 is attached , get H1 visa stamp and then enter. You have to contact your lawyer for your options who filed H1 without pay stubs.
Click to expand...
 
Hi Ginnu,
Thanks for the reply. I have got one paystub from my employer A and submitted the same with employer B. Will there be any problem now? Company B is a big company listed on Nasdaq. I am assuming they will have good attorneys.

Tx
 
live4u said:
Hi Ginnu,
Thanks for the reply. I have got one paystub from my employer A and submitted the same with employer B.
--- what employer B is going to do with your pay stub from A??? it was to be attached with H1 transfer filing papers by lawyer
Will there be any problem now? Company B is a big company listed on Nasdaq.
--- Big or small does not matter it is question of H1 transfer law regulations, do you think if CXompany is big USCIS will not follow the law???
I am assuming they will have good attorneys.

Tx
Click to expand...
 
Ginnu,
I think I have mis guided you. Actually company B have filed for transfer with the paystub from company A. Will this still be a problem.

tx
 
live4u said:
Ginnu,
I think I have mis guided you. Actually company B have filed for transfer with the paystub from company A. Will this still be a problem.
----- I dont think so if B filed H1 transfer with recent paystbs from A generaly they ask 2-3 pay stubs as you did not work much with A they may accept 1 or 2 pay stubs from A, if they have any isuue they will send RFE to lawyer
tx
Click to expand...
 
Hi Ginnu,
Thanks for the reply. If the INS asks for another paystub, by that time I will have the current month paystub which I can submit. What kind of RFE may the lawyer get?
 
live4u said:
Hi Ginnu,
Thanks for the reply. If the INS asks for another paystub, by that time I will have the current month paystub which I can submit.

What kind of RFE may the lawyer get?
---- I dont write RFE, your lawer will know if he gets RFE
Click to expand...
 
You must log in or register to reply here.
Top