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raghusa

H1B transfer from INDIA without US paystubs

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No thats not genuine.

 

Indeed. Fake payslips is a felony.

And there is more to this, because the company also needs to pay taxes to the IRS, and the receiver of the payslips also has to file tax returns. Faking all this results in jail time.

The pay absolutely has to be for real, "free and clear", as the term is, on the hand (or bank account), without any obligations to the employer (some fraud employers ask for the money back, thinking that way the fraud is more hidden...)

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Indeed. Fake payslips is a felony.

And there is more to this, because the company also needs to pay taxes to the IRS, and the receiver of the payslips also has to file tax returns. Faking all this results in jail time.

The pay absolutely has to be for real, "free and clear", as the term is, on the hand (or bank account), without any obligations to the employer (some fraud employers ask for the money back, thinking that way the fraud is more hidden...)

 

The person that incurred in the felony was the employer, not the employee. However if the employee does not denounce the fake slip, he could be considered an accomplice. 

 

The OP needs to report this if they want to have a future in the US. It's that simple. Otherwise, their name could potentially come up in an IRS, ICE or FBI investigation - you don;t want that to happen!

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The person that incurred in the felony was the employer, not the employee. However if the employee does not denounce the fake slip, he could be considered an accomplice. 

 

The OP needs to report this if they want to have a future in the US. It's that simple. Otherwise, their name could potentially come up in an IRS, ICE or FBI investigation - you don;t want that to happen!

OP doesn't want to file a complaint, that's the problem.

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The OP needs to report this if they want to have a future in the US. It's that simple. Otherwise, their name could potentially come up in an IRS, ICE or FBI investigation - you don;t want that to happen!

 

Thats true...and thats the reason why we all want the OP to complain to the DOL about his previous fraud desi employer.

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The person that incurred in the felony was the employer, not the employee. However if the employee does not denounce the fake slip, he could be considered an accomplice. 

 

The OP needs to report this if they want to have a future in the US. It's that simple. Otherwise, their name could potentially come up in an IRS, ICE or FBI investigation - you don;t want that to happen!

 

Or in a Postal Inspector investigation.

The US Postal Inspection Service is a federal law enforcement agency. They investigate fraudulent use of mail services, e.g., using mail to plan or execute crimes. They regularly show up in fake payroll cases from shady consulting companies.

https://postalinspectors.uspis.gov/aboutus/mission.aspx

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If he hasn't run any pay slips then, am I out of status now? and do I need to go for new stamping? will I be questioned, if I go for new visa stamping under cap again?

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If he hasn't run any pay slips then, am I out of status now? and do I need to go for new stamping? will I be questioned, if I go for new visa stamping under cap again?

 

If you are outside the US, you are by definition not in any status. You can have a status only while in the US.

But, for a new H1, the consulate wants to make sure that you were in valid stuatus while in the US. Since you didn't get paid, you weren't in valid status. The only option to get around that is to file a WH4. That allows a new H1 even if you were out of status.

Quota or not has no bearing on that.

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I think pay stubs are not mandatory for h1b visa transfer cases .

You think wrong. They are required, as lots of people have reported here and elsewhere.

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There is no guidelines from USCIS regarding paystubs to be submitted while h1b visa porting , USCIS is very powerful organisation it can ask for one if they find something fishy. In this particular case what is the relevancy of paystubs as the employee is not paid in his bank account . I have seen h1b visa getting ported  without paystub but without i94 dates , so stamping procedure  has to be completed. In this particular case paystub is not required especially if the employer is MNC .  

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There is no guidelines from USCIS regarding paystubs to be submitted while h1b visa porting , USCIS is very powerful organisation it can ask for one if they find something fishy. In this particular case what is the relevancy of paystubs as the employee is not paid in his bank account . I have seen h1b visa getting ported  without paystub but without i94 dates , so stamping procedure  has to be completed. In this particular case paystub is not required especially if the employer is MNC .  

 

The thing they want to make sure is that the person has been in valid H1 status. And that means getting paid.

There always is a paper record for getting paid, paystubs, bank deposits, cash receipts.

And a MNC would for sure do things the normal way, with paystubs.

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