raghusa Posted July 18, 2014 Report Share Posted July 18, 2014 Hi,I have been to US for 2 months on H1B in last year from company A. Due to personal reasons I came back to INDIA and joined in company B immediately.Now, my current company B is willing to send me to US. But, I do not have the pay stubs from company A for the 2 months I worked in US.Is it possible to transfer my H1B to company B with out those paystubs? Thanks,Raghu. Link to comment
jairichi Posted July 18, 2014 Report Share Posted July 18, 2014 Yes. As you are currently in India you do not need pay stubs from company A. Link to comment
pontevecchio Posted July 18, 2014 Report Share Posted July 18, 2014 It is not called a transfer. It means any other employer can file a H1 petition for you till you finish 6 years working in H1 status in the USA. If you mean you were benched during those 2 months then tell them the truth if asked about it. You DO NOT need those stubs. Link to comment
omshiv Posted July 18, 2014 Report Share Posted July 18, 2014 Why dont you have the paystubs? your employer didnt pay you? if thats the case complain to DOL regarding the shady and fraud employer and you should be able to transfer your H1 based on that. Link to comment
raghusa Posted July 18, 2014 Author Report Share Posted July 18, 2014 It is not called a transfer. It means any other employer can file a H1 petition for you till you finish 6 years working in H1 status in the USA. If you mean you were benched during those 2 months then tell them the truth if asked about it. You DO NOT need those stubs. When company B files a new petition, do I need to attend visa interview? or as I have valid visa stamping till 2015, I will be good with approved new petition? Will there be any problem for me being on bench. Link to comment
raghusa Posted July 18, 2014 Author Report Share Posted July 18, 2014 Why dont you have the paystubs? your employer didnt pay you? if thats the case complain to DOL regarding the shady and fraud employer and you should be able to transfer your H1 based on that. No, I haven't been paid at all as I was on bench. I do not want make things complicated by complaints, but want to know if I can file a new petition / transfer with Company B without any issues as I do not have the pay stubs. Link to comment
JoeF Posted July 18, 2014 Report Share Posted July 18, 2014 Why dont you have the paystubs? your employer didnt pay you? if thats the case complain to DOL regarding the shady and fraud employer and you should be able to transfer your H1 based on that. From a post by the OP on another forum it is clear that he didn't get paid by company A. That will likely come up in an H1 transfer, so the OP should indeed file a complaint with DOL on form WH4. Link to comment
omshiv Posted July 19, 2014 Report Share Posted July 19, 2014 No, I haven't been paid at all as I was on bench. I do not want make things complicated by complaints, but want to know if I can file a new petition / transfer with Company B without any issues as I do not have the pay stubs. Hmm..there's nothing called not getting paid on bench..your employer took you for a ride..you don't have any other options than to complaint to DOL about your previous employer..only that will save you and H1 transfer will be smooth. You should know your H1 rights. Link to comment
raghusa Posted July 20, 2014 Author Report Share Posted July 20, 2014 Hmm..there's nothing called not getting paid on bench..your employer took you for a ride..you don't have any other options than to complaint to DOL about your previous employer..only that will save you and H1 transfer will be smooth. You should know your H1 rights. What they actually did is 1) didn't pay me, as there is no project/client. 2) ran payslips, to maintain the H1B status. 3) didn't give pay slips, as I might use them to transfer. Link to comment
rahul412 Posted July 20, 2014 Report Share Posted July 20, 2014 No, I haven't been paid at all as I was on bench. I do not want make things complicated by complaints, but want to know if I can file a new petition / transfer with Company B without any issues as I do not have the pay stubs. Then forget H1. Link to comment
omshiv Posted July 20, 2014 Report Share Posted July 20, 2014 What they actually did is 1) didn't pay me, as there is no project/client. 2) ran payslips, to maintain the H1B status. 3) didn't give pay slips, as I might use them to transfer. That's completely illegal. Please do complain to DOL so that they would blacklist them and will not cheat other candidates. Link to comment
raghusa Posted July 21, 2014 Author Report Share Posted July 21, 2014 That's completely illegal. Please do complain to DOL so that they would blacklist them and will not cheat other candidates. Is there a way to overcome this without affecting my H1. 1) If he provides payslips, will my transfer be ok? 2) Does the transfer requires my bank statement also? I have closed my account prior returning to INDIA. 3) Also do I need a W2 form? I am looking for options to transfer my H1 first by getting the required things from them and then complaint. Link to comment
JoeF Posted July 22, 2014 Report Share Posted July 22, 2014 Is there a way to overcome this without affecting my H1. 1) If he provides payslips, will my transfer be ok? 2) Does the transfer requires my bank statement also? I have closed my account prior returning to INDIA. 3) Also do I need a W2 form? I am looking for options to transfer my H1 first by getting the required things from them and then complaint. Fake paystubs would make things worse. That's a felony. The employer would have to pay you for real, and of course issue a W2 for it. Using a fake document would ensure that you would never be able to come to the US. Other than that, filing a W2 is the only real option. Why don't you want to file that? Is there something you are not telling us? Link to comment
JoeF Posted July 22, 2014 Report Share Posted July 22, 2014 Filing a complaint on WH4 won't hurt you. It benefits you, by making an H1 transfer possible. Link to comment
jairichi Posted July 22, 2014 Report Share Posted July 22, 2014 If I understood you correctly, during last year you were on bench for 2 months and was not paid by that employer. Later you moved out of US and returned to your home country. Now in this year you would like a new employer to file a cap exempt H1B petition without any US pay stubs from that employer. Yes, a new employer can file a cap exempt H1B without the need for that employer's pay stubs. But, as others suggested file a complaint with DOL against that employer. Link to comment
omshiv Posted July 22, 2014 Report Share Posted July 22, 2014 Other than that, filing a W2 is the only real option. Why don't you want to file that? Is there something you are not telling us? you meant WH4? Link to comment
JoeF Posted July 22, 2014 Report Share Posted July 22, 2014 you meant WH4? Oops. Yes. Link to comment
itemgadu2 Posted July 23, 2014 Report Share Posted July 23, 2014 Why dont you have the paystubs? your employer didnt pay you? if thats the case complain to DOL regarding the shady and fraud employer and you should be able to transfer your H1 based on that. haha. you funny kid. Link to comment
futureeb2 Posted July 23, 2014 Report Share Posted July 23, 2014 When company B files a new petition, do I need to attend visa interview? or as I have valid visa stamping till 2015, I will be good with approved new petition? If your I-129 is approved and you have a valid H-1B visa, you can seek admission to the US using that visa and the new I-797 Approval Notice without having to attend a new interview. However, if there is a formal finding that you violated your nonimmigrant status during your past H-1 admission then by law the visa "stamp" becomes invalid. (This is an often overlooked part of the law). What practical effects this may have, I do not know. Link to comment
raghusa Posted July 23, 2014 Author Report Share Posted July 23, 2014 Fake paystubs would make things worse. That's a felony. The employer would have to pay you for real, and of course issue a W2 for it. Using a fake document would ensure that you would never be able to come to the US. Other than that, filing a W2 is the only real option. Why don't you want to file that? Is there something you are not telling us? He is not deposited the money to my account but, he ran the payslips and paid tax. So, the payslips would be genuine. Link to comment
raghusa Posted July 23, 2014 Author Report Share Posted July 23, 2014 If I understood you correctly, during last year you were on bench for 2 months and was not paid by that employer. Later you moved out of US and returned to your home country. Now in this year you would like a new employer to file a cap exempt H1B petition without any US pay stubs from that employer. Yes, a new employer can file a cap exempt H1B without the need for that employer's pay stubs. But, as others suggested file a complaint with DOL against that employer. Most of the forums and people say that the paystubs are mandatory for H1 transfer/new petition. I did not find any proper document/link saying the pay slips are not required. So, I am getting confused. I do not have to go for stamping again, right? Link to comment
omshiv Posted July 23, 2014 Report Share Posted July 23, 2014 He is not deposited the money to my account but, he ran the payslips and paid tax. So, the payslips would be genuine. No thats not genuine. Link to comment
jairichi Posted July 23, 2014 Report Share Posted July 23, 2014 Most of the forums and people say that the paystubs are mandatory for H1 transfer/new petition. I did not find any proper document/link saying the pay slips are not required. So, I am getting confused. I do not have to go for stamping again, right? Since you moved out of US last year and now a new employer wants to file a cap exempt H1B petition there is no need for pay stubs from that US employer. But, it is better to file a complaint against that employer with DOL for not paying you. Link to comment
raghusa Posted July 23, 2014 Author Report Share Posted July 23, 2014 No thats not genuine. So, what are my chances to come to US again? Should I go for new stamping? will that work or will I be face any issues? Link to comment
JoeF Posted July 23, 2014 Report Share Posted July 23, 2014 Most of the forums and people say that the paystubs are mandatory for H1 transfer/new petition. I did not find any proper document/link saying the pay slips are not required. So, I am getting confused. I do not have to go for stamping again, right? The whole thing is that they want to make sure that the person has been in valid status while in the US. Paystubs are one way to show that, since people on H1 have to get paid all the time. As long as you have a valid H1 visa in your passport, you don't need to get a new one. But eventually, the visa will expire. So, while you can delay things, you can't escape them. Link to comment
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