H1B transfer help needed urgently (paystubs issue)!!!

M

mc2

New Member
Hi,
After getting laid off by my first company in 2002, I joined another company with whom I had a contract-type arrangement. That is, we agreed that I would get paid only from the contracts that I got on my own, and my company would keep a certain percent of the contract payment before giving me the remaining money. I have only managed to get two contracts since I joined them, one in 2002 and one recently in July 2003. In August, I got offered a permanent position by another company and they are applying for an H1B transfer for me and have asked for 3 recent paystubs. I can only give them one, for July. And I have just been told that it is *not* ok to not have been paid by my company for the other months.

Is this the case? What is INS's response going to be when they see my application and my paystubs? What should I do to remedy the situation?

thanks.
 
Yes. Your contract with the other company was not what the LCA was approved for. Tell the new company that you are ready to risk a RFE and tell the truth that you did not receive any paystubs before July. Most probably you will get a H1 without I94, which means that you have to go and get the I94 before continuing to work.
There is a risk of h1 rejection in all possible scenarios...
 
Either that or have the new company contract for your services with the old company for a short time. One or two months should be sufficient.

I agree that the current employer is clearly in violation of the benching rules and certainly misstated the arrangement when they filed with BCIS.
 
Hey, I have the same case as you do. I would appreciate what you have done and what happened with it.

Hope to hear from you.
 
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