Old paystubs for H1 Transfer

A

abbyan

New Member
Hi All,
I have my paystubs issued till Dec31 2002. I work for company A who didn't issue me paycheques but my visa remained valid. Now (March17) I'm planning to transfer H1b to company B.

Q1> I have all other papers intact except "recent paystubs". Is it worthwile to take a chance with Californian INS center for a transfer ?

Q2> Is it any better to obtain one paystub (Say Feb14 to Feb28) and apply with one recent paystub and other old ones ? My company A refuses to give me any more paycheques which are recent ones.

Q3> Is there any other way to circumvent this ? Like a statement of "leave without pay" etc for the months unpaid ?

I was wondering if any of you guys have any idea regarding the chances of it going through. I'm planning for Premium processing and was wondering the possible RFE and other actions INS might take on my application.

Thanks for reading this. Any help wud be highly aappreciated.
 
You are out of status.

1) Why does your company not pay you ? do they have no projects ? If you file with old paystubs you are sure to get an RFE that will ask for pay-stubs 3-4 months from now.

2) It could help if you have just 1 paystub from feb..but even that would be late..also you can attempt an H1-H1 jump only if you are in status...since you are not getting paid..you are not.

3) You get the new company to file for a NEW H1 with premium processing and then go out and get a new visa and then re-enter.
 
Thanks tt tt

Thanks for your reply. My company A didn't pay me after dec31 2002 till now because they didn't have any projects. But I have all my paystubs for whole year of 2002. So, if INS asks for paystubs I can produce which are 3-4 months old but not the "recent" ones (except one from Feb14-Feb28). Will that help in not getting an RFE ?

Further, after getting an RFE, can I apply for "new H1" processing ? or is it better to apply a fresh H1 directly ?

Thans tt.
 
get a fresh H1 by premium processing.

WHy do you want to go thru the wait and waste time and money..get a new H1 done in 15 days..get all the needed docs from the new company ..get out and get a new visa..it will be over so quickly and easliy...plus you will not be incurring any potential out of status time as well.

Also please note that a potential war could shutdowm/slowdown US consulate around the world..so please take that into consideration as well.

Now I realise that paragraph 1 and 2 contradict each other...but you got to balence the risk and take your chances. If you have a US degree then gettin an H1 from canada/mexico is also an option.

I am quite sure that INS will not approve H1-H1 with no current paystubs...at the time of filing ..
 
U could try

Honestly speaking there are a few H1s cleared even without recent paystubs, RFE raised and the attroney concerned used some techinical reasons for not being able to produce paystubs. I know these cases personally, you could try, generally INS does not raise RFE during Premium processing.

Good Luck.
 
New H1b Processing

Thanks a lot tt for your valuable advice. Excuse me for firing a couple of more questions. I was wondering about applying for new H1.

Q1> As you told that since I'm not getting paystubs from A, I'm out of status. So, if the company B files for a "fresh H1B", won't that status problem become an issue ? If so, what are the solutions ?

Q2> Do I have to remain in US for 15 days for premium processing which the INS would take for new H1 processing or can I leave for India and ask the H1 by post from my company B?

Q3> I have a MS degree from US. and as you suggested that I can go to either Mexico or canada. Where can I find more information about going to Mexico and getting the I-94.

Thanks a bunch.
 
More answers...

1) No issue, since once you applyfor a NEW H1, the burden is on the visa issuing consulate to make sure you have not broken any rules...and what they check is to make sure that your new company has money , you have valid verificable docs..like degree in the USA and offer letter etc, and that you have not overstayed your I-94 limit.

2) You can do it either way...stay in the US or leave and ask the company to post it to you...stay in the USA..get the approval in hand..collect all the neceessary docs..and then go to a consulate and get your visa.

3) There used to be a web site www.victorgarcia.com..I dont know if that works..also check the web-sites of the US consulates in mexico..from yahoo search..or www.state.gov for TCN border post visa processing...to see if they indeed
process H1s of third party nationals..make sure you are not a citizen of the special reg. countries...that could mean more trouble.
also check www.amcits.com if you want more info on H1 processing in Canada.

glad to be of help..I have been thru a lot of such troubles in the past 5 yrs ..and this is the least that I can do.
 
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