H1 Transfer and No Pay Stubs


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I got my H1B approved on Dec 8th 2011. I had applied for SSN on 12/30/2011.

But I have not started to work on contracting jobs and hence am without any Paystubs as of now.

I recently got a Full time offer in a good company and they are looking to transfer my H1b.

They are requiring my latest payslips. Can they still apply for my H1b transfer without the pay stubs

and if so will it be approved without any issues?

Kindly let me know about the same.


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Your employer has to pay you, even if you don't have a porject. That's the law, and the employer knows it.

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

You are out of status because you didn't get paid. That makes a transfer impossible. A transfer is possible with a pending WH4.

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Thanks for the response. I came to know today that my payroll is run for the current Feb month. So does it mean that I am still out of status where I dint have pay stubs for Dec and Jan? Kindly clarify.

I received my SSN only in Jan. Has the date of receiving the SSN has to do with the status?

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You still need to get paid for the previous months. Not having the SSN yet is not an excuse to not pay you. Modern payroll systems can handle if the person doesn't have an SSN yet.

And yes, a transfer would still not be possible if you don't get the back pay.

Again, if your employer doesn't want to give you the back pay, file a WH4.

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