H1 B transfer - Help needed


johnt.fernandes84

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Hi All,

Requesting your help on the below:


I came to US on H4 last year and a company filed for an H1. THe same got approved on oct 1.

Now, the company is saying it will only generate payroll once i am on a project.

In the mean time i have  got a full time offer.

Can you please answer the below questions:


1) Can the new company transfer my H1 without paystubs

2) Since i came to know that my current company will not generate paystubs, i did not apply for SSN.

Now when the new company intiates transfer can i apply for SSN ans save a RFE?

3) What would be the procedure for the company to transfer - will it be a COS or H1 Transfer

4) If the company gets H1 transfer rejection, can i continue working for my current employer
Aprreciate your help on the same and the company would file for the same tomorrow

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First file a complaint with DOL against your current employer.

1. Wit out pay stubs you are out of status and so no H1B transfer.

2. At the moment your SSN is not a matter of concern.

3. With a complaint against employer a new employer can file a cap exempt H1B petition.

4. Well, you are not working and what do you mean by saying "continue working"?

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Thank you for your response, really appreciate your help on this.

 

1) I understand the complaint to DOL would be the right approach but for a naive immigrant like me - it brings me chills fearing unwanted consequences.

I spoke to my new company and they said that without payslips they can apply for a CAP exempt for Visa filling - this would be done from US itself and there could or could not be a need to travel back to my home country for stamping.

 

Can you please help on what they mean by this and whether it is feasible.

 

Really want to thank you again for all the support!!!

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Thank you for your response, really appreciate your help on this.

 

1) I understand the complaint to DOL would be the right approach but for a naive immigrant like me - it brings me chills fearing unwanted consequences.

I spoke to my new company and they said that without payslips they can apply for a CAP exempt for Visa filling - this would be done from US itself and there could or could not be a need to travel back to my home country for stamping.

 

Can you please help on what they mean by this and whether it is feasible.

 

Really want to thank you again for all the support!!!

You will be asked for pay stubs from USCIS in the form of RFE. If not provided H1B petition might get approved with out I94. In this case you would have to exit and enter US with a valid H1B visa and new I797.

And, there is nothing scary to complaint against employer for not paying your salary. You are protecting your rights.

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Thank you for your response, really appreciate your help on this.

1) I understand the complaint to DOL would be the right approach but for a naive immigrant like me - it brings me chills fearing unwanted consequences.

I spoke to my new company and they said that without payslips they can apply for a CAP exempt for Visa filling - this would be done from US itself and there could or could not be a need to travel back to my home country for stamping.

Can you please help on what they mean by this and whether it is feasible.

Really want to thank you again for all the support!!!

This is the US. You have rights here.

File a complaint with DOL. It'll help your case.

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