H1B transfer without pay stubs

[Arushi Verma]

My employer (Staffing firm) had filed H1B petition last year which was approved on January 24th 2017 while I was on STEM OPT. I was working at the client site until November end. We were looking for a new client since then as the contract with last client had ended. We received the approval notice on January 30th. Because my employer couldn't find any client and they can't run my payroll, they withdrew the application and terminated my employment on Feb 1st. My current status is H1B and if I find a new employer within 60 days they can transfer my H1B but I don't have any recent pay stubs from my old employer. I have pay stubs only till November. Will that work? or is there any other solution? I will appreciate any advice.

[JoeF]

On H1 you have to get paid all the time, so you need to get paid up until they laid you off.

File a complaint with DOL on WH4. The DOL will make the employer pay you. A WH4 also allows you to get an H1 transfer.

 

[Surfer123]

If you have a job in hand, you need to inquire about this with your new employers' immigration attorney. Having prior pay stubs is not mandatory but is greatly recommended.

As pointed in earlier reply, you should have been paid till your last working day. Report this to DOL using the WH4 form and use that for transfer petition, like suggested by JoeF.