H1B transfer with out paystubs


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I have got my H1 approved with employer A from March 2011 and got my SSN in April last week of 2011.

Till now employer A did not run any paystubs,since i was not on project.

Now i got a full time offer from Employer B ,so with out pay stubs can my H1 transfer will happen or not? what could be the possible implications of this on me, Employer B and Employer A

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On H1, you need to get paid ALL THE TIME, on project or not.

If the old employer doesn't want to pay you, file a complaint with DOL on form WH4. The DOL will make the employer pay you.

A pending WH4 also facilitates an H1 transfer.

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I was able to do the trancfer without paystubs but in my case the second employer filed the H1B petition within 1 month of previous H1B approval. From H1B application(second employer) i can see that my second employer's lawyer told USCIS that its not employee's fault that first employer failed to place him ona project and to pay him regularly and also filing for second H1B shows that employee is eager to maintain legal status within US. In my case it worked and USCIS approved COS even without pay stubs. But i guess it depends upon your second employer. if they are a big company with geniune cases all along and no violations then things should be fine. In any case you need to decide and act asap.

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