H1B Transfer Question - Urgent

R

rms777

New Member
Hi,

One of my friend was laid off in first week of May 03. He filed for a transfer through company A to be on status and got the receipt by early June'03. Now he is close to getting a good offer from a company B. But by the time they start the paper work it will either be first or second week of July-03. Now my questions are:

1. To apply for a transfer to company B can he use the paystub from the company he was laid off from ? (but that will be almost 2 months old) OR should he use the paystub from company A ?(he'll be getting one end of June from this company and that'll be the only one before he can apply for a transfer).

2. Secondly, can he use the paystubs from the laid off company including severance paystubs which he is receiving till end of june'03 and not use the paystub from company A all together.

3. what are the possible implications with either approaches? Also, what is the best solution/advice for him?

Appreciate your quick response.

Thanks
rms
 
1. Use both company paystubs and copy of receipt notice of the H1 transfer to the current employer.

2. If he uses only old company paystubs, his employment with current company might be considered illegal. this will happen, If he moves to the new company, and the current company cancels H1 transfer. The current company can even complain about him to BCIS - about immigration fraud(since he used old company paystubs with BCIS).

I would suggest him to get a confidential consultation with a third party lawyer (not belonging to any of these companies) and proceed...
No comment on the morality or scruples...
 
Thanks! Jaxen for your response. Just wanted to clarify one more thing, so even severance paystubs can be submitted as part h1 transfer documents in the absence of not having regular paystub due to layoff?

Thanks
-rms
 
I may also face similar type of situaiton. My H1 transfer application was sent to INS 4 months ago, but have'nt heard from them yet. My project will end after 2 months. If I find a new job sometime next month my current employer will let me go. So in this case i will have to show 4 months old paystubs and the most recent paystubs and receipt notice, and INS should'nt have any other objection , right?
 
In your case, the paystubs are 4 month old, From what ms77 posted it seems like the severance pay covers the recent month too.
You should proceed with caution...
 
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