URGENT !! Is paystub required for H1 transfer?

S

srpot

Registered Users (C)
Hi,
One of my friends landed in US for the first time in US yesterday on H1B visa expiring in Dec. He wants to get his H1 transferred immdiately to a new company without working for current company. Since there is no paystub generated for his H1 holding company, can the new company apply for H1 transfer without paystubs? Are the paystubs required for H1 transfer?
If any one can let me know, I would highly appreciate it.

Thanks,
srpot.
 
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Hi,
One of my friends landed in US for the first time in US yesterday on H1B visa expiring in Dec. He wants to get his H1 transferred immediately to a new company without working for current company. Since there is no pay stub generated for his H1 holding company, can the new company apply for H1 transfer without pay stubs? Are the pay stubs required for H1 transfer?
----- YES Pay Stubs are Must for H1 transfer, better he should work with the original company for 2-3 months, get pay stubs then file transfer
If any one can let me know, I would highly appreciate it.
 
In Texas they did not ask for Payslip. My attornay said in Texas they do not ask. But at Vermont if you do not send they will issue an RFE.
 
depends on ur lawyer

1st time I applied for transfer, I had f***d up lawyers and got an RFE for LOTS of stuff and also paystubs.
2nd time, got a GR8 desi lawyer and they did'nt require paystubs at all!! And I got my visa approval!
My point is that if the lawyer submits EXCELLENT paperwork, then the BCIS will overlook the missing pieces for the visa. BUT is the lwyer is screwed up like the one I had (visawolf.com) and submits BS papwrwork, w/o any knowledge, then you will to get f****ed.
Hope that helps.
 
Any TX based company/Lawyer referral?

Any TX based company/Lawyer referral?
Hi!
One of my friend is facing lot of problems with her current employer,though she is on a project for the past one year..the desi consulting employer is not paying her properly.So,she is facing paystub issues for h1 transfers.

I have seen your posting and was glad to note that things worked out very well for you,w/o any RFE's.

Could u suggest any Texas based company/Lawyer referral?
If you get a chance pls reply.
Thanks for your help.
Regards,
Mrs.Madhuri
 
I filed my papers with INS (California) to transfer H1 in Feb., 2002 without pay stubs. Got approval. What I have heard is that pay stubs are NOT required for visa transfer. You may receive RFE to submit them later. I have not ! My lawyer said that she always did that: no requirements, no extra papers. But things might have change since then..... Aslo, may be different processing centers have different practices...

If your friend will talk to the attorney, please post here the answer.


Good luck.
 
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Mrs.Madhuri/xlmicro

Very simple.

Ask your friend to send an email to her employer stating about the salary issues and notify her employer that if she did not get the salary properly then she will complain about all the violations to Department of Labor - Hour & Wage Department.

*** Have a copy of the email sent ***

Give them 3 days. if they do not respond then file a complaint to the Department of Labor - Wage and Hour department. They have assured that they will investigate and provide judgement in 35 days. Your friend will get all the full salary back with interest and penalties. Good thing here is that your friends status will not be affected by any way (even if the employer terminates) and that employer will be fined for civil penalties and will be debare them from any future access to any non-immigrant (h1 etc) or immigrant petitions (GC) for atleast 1 year which will severly impact their business. Even after the debarement term i dont think any one would join that company in h1 as this news will be made available in dol website.

in case if her employer terminates her then you are really in very good standing that her employer will be debared for 5 years and heavy penalties. Department of Labor and Immigration will provide protection to your friend to legally stay and seek another employment until the validity of the full h1 limit (6th year). This protection is controlled by Whistleblower protection ACT.

Advice your friend to act fast and be on the safe side. Its better to consult an employment/labor and immigration attorney also. who knows your friend might make millions by claiming compensation for her problems from her employer.

dol website is www.dol.gov . You can even find lots of decision/judgement given to similar cases. teach a lesson to that employer.
 
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