H1B Transfer Without Pay Stubs - PLEASE HELP!

O

ogulak

New Member
Hi All,

I've obtained H1B in last year. Until Jan 16th 2009, I was in Ukraine and didn't do any work for my H1 visa holder, which is body shop middlecompany and they can't get a project for me.

I arrived in United States on Jan 16th 2009, and applied for SSN on Jan 30th 2009. I supposed to get SSN in two weeks. In the meantime, I'm staying in my friend's house and looking for a new employer who could make a transfer.

Obviously, I don't have any pay stubs from my visa holder.

Question: With all that said, can I apply for H1 transfer? What are my chances it will be approved?

I really appreciate your help.
 
Try it tranfer. Result could vary and is at discretion of USCIS.
CIS will make a decision on your case. If you didn't get I94 with H1 approval, you need to travel and reenter.
 
First step is to complain with Department of Labor in the region where your company is located, say that you had not payed (keep record of your complaint). You can complain even if they are asked money for H1B filing or if they had put a contract period on employment agreement. Without complaining dont start an H1B transfer. No need to tell the company that you are going to complain, no need at all, they will cancel the H1 and you will be in trouble. Complaing with DOL , company will not be able to determine that you had complained. The link below provides the sufficient info

http://www.dol.gov/esa/whd/immigration/h1b.htm

Action by DOL cannot be predicted. Some times they are not proactive in handling complaints, thats the main reason for H1B abuse. But you need to complain first before starting a transfer and keep record of that.

Immediately start the H1B transfer procedure with the new company.


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I am not a lawyer , you have to take professional service for more accurate information
 
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