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raghusa

H1B transfer from INDIA without US paystubs

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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.

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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.

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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. 

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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?

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Filing a complaint on WH4 won't hurt you. It benefits you, by making an H1 transfer possible.

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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.

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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?

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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.

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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. 

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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. 

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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?

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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.

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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.

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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?

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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.

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