Filing H1 on April 1st with new Employer

[Sam.k]

Hi Everybody,

I really like this forums, this is very helpful..

I have a quick question that my new employer is filing H1B this April 1st 2013. I am officially with this employer from April 1st 2013 and I am applyling on April 1st.

So will these following be a problem:-

1) Applying a new H1B with a new employer on the start date of employment i,e 1st April ?

2) For giving paystubs, is it OK to give my old employers paystubs as I don't have any paystubs with this new employer ?

Thanks in advance.

[JoeF]

What is your current status?

[Sam.k]

My Current status is OPT.

[Attorney_25]

Take it from an attorney, your status is not OPT. If you are on OPT, your status is F-1.

If you have never held H-1B status before, when your employer files a petition for you on April 1st, he is filing for an October 1 start date (unless position is cap-exempt). So you cannot work on the H-1B until October 1.

If you are talking about working on your OPT EAD, it doesn't matter which employer you are working with when the H-1B petition is filed, as long as you are maintaining your F-1 status.

[Sam.k]

Thanks Above(Attorney) for your reply.

Yes :) my status is F-1 and he is filing for H1-B petition on April 1st and also my official joining date with that employer( say Y) is also April 1st.

So my concerned is what document would prove that I am working with my new employer(Y) as I don't have any pay stubs with this new employer(Y) ?

Thanks.

[Sam.k]

Thanks for the reply(above).

Yes, I am on F-1 Visa right now but filiing H-1B this April 1st with a new employer, who I am joining on April 1st. So I wont be having any paystubs with this new employer while filing H-1B. But people are saying you need to have atleast 3 months paystub with your employer through which you are filing H-1B, is this true ?

I don't have any paystubs with the employer who is applying my H-1B, so is it ok to go with previous employer pay stubs?

Thanks in advance. :)

[rahul412]

But people are saying you need to have atleast 3 months paystub with your employer through which you are filing H-1B, is this true ?

I don't have any paystubs with the employer who is applying my H-1B, so is it ok to go with previous employer pay stubs?

No that's not true. You don't need to have current employer's paystubs for H1. All you need to have is latest pay-stubs for H1 to show that your current status is legal.

How can it be possible to have current employer's pay-stub when you haven't started working for them?