Paystub problem-got locked in

[Raj Steven]

Hi,

Currently I am on H1-B visa (approved from TSC) and I have been on bench for few months without pay. Another company is willing to file for H1-B visa at VSC, offer a job, and file for GC after 2 months of my start date. But my current employer is not at all willing to give me two recent pay stubs in any way. On the top of that, I was orally informed that my H1-B visa could be revoked in one or two months. I don't know what to do. I don't know how long it takes for me to start working on a new project through the current employer. I feel like I am in soup. I can't move to the different firm as it is asking for 2 recent pay stubs to file for H1-B visa. Is it mandatory to have 2 recent pay stubs when my application is sent to INS for new H1-B visa(through new employer)?

Your help is appreciated.

 

[phillygc]

It depends on how long you've been without a pay stub. In any case, you should be able to apply for an H1 transfer without the pay stubs(my wife did that an year back before we got married-she didn't have 2 months pay stubs and still got approved without any problem). You might get an RFE, but if you give a convincing reply then INS will still approve your H-1, but will ask you to go to your home country and get it stamped.

These are my 2 cents. But since each case is unique on it's own and it's better you talk to a competent Immigration attorney.