H1 Transfer with Non-US Pay stubs

[Deepu]

I am currently working for an employer in India and have come on a short-term assignment to the US on H1B. Since my assignment is less than 6 months, my employer does not pay me salary in the US, instead I get my Indian salary and per-diems credited to my Indian account.

I am currently seeking employment in the US. Can my prospective employer do a H1 transfer with my Indian pay slip? Also, can the H1 transfer take place while I am in India.

Thanks

[JoeF]

On H1, you have to get a real salary in the US. This per-diem stuff is not allowed. You are out of status if you don't get a real US salary.

[Deepu]

Thanks for your response. Is there any other way in which I can transfer my H1 to another employer? If I have to work in US, independent of my employer, should I get another H1 filed?

[cowboys26]

He has to pay salary here.Actually paystubs for transfer never used to be the norm till recently.They starting asking

for it since there has been so much abuse like this in recent years.

[Deepu]

When I get back to India, can I get my H1 transferred to another employer? Will it be subjected to the H1 cap?

[JoeF]

When I get back to India, can I get my H1 transferred to another employer? Will it be subjected to the H1 cap?

You need to get paid the US salary. That's the only way. You will end up in lots of problems, up to a permanent ban, if you don't get paid according to the law.

Concentrate on getting paid correctly. If your employer doesn't want to pay you according to the law, file a complaint with DOL on form WH4. The DOL will make the employer pay you.