englishtutorjul Posted December 16, 2012 Report Posted December 16, 2012 My company sponsored my H1B this June, and I got my Visa issued in October. However I found a client only a month later. My company tells me that though they pay every two weeks, the pay stub is never current. It is always two weeks overdue. Which means I get paid only in the 2nd week of Jan, for the period worked from Dec15th to Dec31st. I am not sure if this will be an issue if I apply for H1B transfer, since I would never have the latest paystub... Another company has applied for a transfer of H1B for me now, under premium processing. Per their attorneys, since it is not even a month since I actually started working, even one pay stub will suffice. However my company says the first two paystubs that I am yet to get (which are anyway coming in 2 weeks later), will be only check deposits, because they say they forgot to add me to their system, and cannot do it till Jan 1st, as there are only two more weeks left in this year, and they have closed books for this year. This is not making any sense to me, but I am not in a position to contest with them. I want to know if the check's copy can be used in place of the paystub. If the new company files for the transfer without a pay stub, I guess they will be issued an RFE. How long would they be given to provide the first paystub? I assume (if everything goes right), that the first pay stub will only come sometime Mid Jan. Also my company says, that since I am not in their system, I have to pay my taxes by myself, (they will not withhold it for the coming two pay stubs), since it will happen before the new year. I am completely new to this H1B system. I can definitely sense something is going wrong, but I do not for sure what and where.Would you please help me know what exactly is happening? Also based on my current situation, what would be the best time for the new company to apply for the transfer?
Attorney_10 Posted December 17, 2012 Report Posted December 17, 2012 The facts of your case appear complex. Please schedule a consultation with an experienced immigration attorney as soon as possible to discuss the specific facts of your case, including to determine whether you are legally employed by the H1B sponsor, whether you are maintaining valid H1B status, and whether you are eligible to change employers in the U.S.
englishtutorjul Posted December 17, 2012 Author Report Posted December 17, 2012 Thank you for the reply....If the answer turns out to be a 'No' for the above questions, is there ever a way out for me? How does consular processing work? Can a WH4 serve as a substitute for a recent paystub? What if company B has applied for H1B transfer, but before the transfer actually happens, compamy A fires me, because I complained to DOL? Please advise...Really appreciate your inputs...
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