H1 B Transfer


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Asking for a friend

His Situation :

1. Received H1 in Nov 2016 with incorrect name on I797 and I94. The employer asked for the correction to USCIS but with incorrect I 94, he could not apply for SSN and hence no payslips were generated in 2016 and no W2.

2. Received the correct H1 in mid - Jan 2017 and he has applied for SSN. The employer is starting the payslip this Friday.

3. He has a job offer and wants to transfer his H1 but will have only one paylsip starting this Friday.

Question : Can the employer pay him a special arrears for last year for Nov & Dec 2016 in 2017?  What are the risks he faces if he does not have payslips for Nov & Dec?

Thank You!

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