H4 to H1B COS and H1B Transfer without Paystubs

[chatpoo2013]

Hi,

I came US in 2012 from india on H4 visa. As I had very good 8+ years of IT exp in reputed companies, my husband converted it to H1B [by self pay] and was valid from Oct 2013 using help from remote consultant/friend.

I am actively looking for job from Jan 13 itself but got a Full Time job yesterday itself who is willing to do H1B transfer.

My employer is ok for this but is not willing to help me with any paper work. not even to generate paystubs even though I wanted to pay for it. till yesterday he was ok and did all calculations and informed me that I have to pay 1000$ monthly taxes and I agreed to it. but now he simply don't want to do it due to his company reputation.

However in the mean time I found one full time job and they offered me and ready to do H1 transfer.

 

How should I sort this out as I have no paystubs?

 

[jairichi]

Hi,

I came US in 2012 from india on H4 visa. As I had very good 8+ years of IT exp in reputed companies, my husband converted it to H1B [by self pay] and was valid from Oct 2013 using help from remote consultant/friend.

I am actively looking for job from Jan 13 itself but got a Full Time job yesterday itself who is willing to do H1B transfer.

My employer is ok for this but is not willing to help me with any paper work. not even to generate paystubs even though I wanted to pay for it. till yesterday he was ok and did all calculations and informed me that I have to pay 1000$ monthly taxes and I agreed to it. but now he simply don't want to do it due to his company reputation.

However in the mean time I found one full time job and they offered me and ready to do H1 transfer.

 

How should I sort this out as I have no paystubs?

First of all self pay for H1B is illegal. So, you already violated an immigration law.

Whether project is available or not your employer has to pay you. Otherwise you are out of status. File a complaint against your employer with DOL. It is the only option you have to prevent and future problem. Also, a new employer cannot apply for a COS without pay stubs. Ask your new employer to file a H1B with consular processing.

[rahul412]

Hi,

I came US in 2012 from india on H4 visa. As I had very good 8+ years of IT exp in reputed companies, my husband converted it to H1B [by self pay] and was valid from Oct 2013 using help from remote consultant/friend.

I am actively looking for job from Jan 13 itself but got a Full Time job yesterday itself who is willing to do H1B transfer.

My employer is ok for this but is not willing to help me with any paper work. not even to generate paystubs even though I wanted to pay for it. till yesterday he was ok and did all calculations and informed me that I have to pay 1000$ monthly taxes and I agreed to it. but now he simply don't want to do it due to his company reputation.

However in the mean time I found one full time job and they offered me and ready to do H1 transfer.

 

How should I sort this out as I have no paystubs?

You, your husband and your employer ALL involved in the immigration fraud.

1 You tried to help your employer for generating fake pay-stubs

2. Your husband paid for your H1 ( this is not fraud, it's illegal)

3. Your FRAUD employer didn't pay you when you were on bench.

 

You need latest pay-stubs for your H1 transfer, without that your H1 will not approved. Only a complaint against your FRAUD employer will help you out. Currently you are out of status.

[0407]

File for H1B to H4Cos ASAP. There is a a decent chance that USCIS will approve it.

There is a chance of RFE for paystubs as well. But sooner you apply, better.

Once H4 is approved, you can file for H4 to H1BCos which is not subjected to

CAP and can begin working once it is approved

[rahul412]

File for H1B to H4Cos ASAP. There is a a decent chance that USCIS will approve it.

There is a chance of RFE for paystubs as well. But sooner you apply, better.

Once H4 is approved, you can file for H4 to H1BCos which is not subjected to

CAP and can begin working once it is approved

And why not a complaint against that employer for not paying the salary??

[JoeF]

Hi,

I came US in 2012 from india on H4 visa. As I had very good 8+ years of IT exp in reputed companies, my husband converted it to H1B [by self pay] and was valid from Oct 2013 using help from remote consultant/friend.

I am actively looking for job from Jan 13 itself but got a Full Time job yesterday itself who is willing to do H1B transfer.

My employer is ok for this but is not willing to help me with any paper work. not even to generate paystubs even though I wanted to pay for it. till yesterday he was ok and did all calculations and informed me that I have to pay 1000$ monthly taxes and I agreed to it. but now he simply don't want to do it due to his company reputation.

However in the mean time I found one full time job and they offered me and ready to do H1 transfer.

 

How should I sort this out as I have no paystubs?

You committed fraud, by paying for the H1 yourself without having an employer.

The fake employer is also part of the fraud.

You need to see a good immigration lawyer ASAP, to avoid getting banned for life!