Tranferring H1b visa to new employer without pay stubs

[monty]

I am on H4 Visa and currently live in USA and Applied for H4 to  H1B COS in April 2013.

H1B is approved and i got my documents from  my current employer A.

Now I got a job in a service company B as a full timer.But i have few questions in H1 Transfer to the new employer.

1.Is it possible to do H1 Tranfer from company A to B before my employment begins . (before october 1st 2013) while i am on H4 visa and live in USA currently.

2. Company B is telling, They need minimum 3 paystubs to do transfer. What is the problem if we do the transfer without paystubs before october 1st.

3.  If  the transfer is possible without paystubs, When can i start working( After receipt notice/After approval).

Please advice.

[jairichi]

I am on H4 Visa and currently live in USA and Applied for H4 to  H1B COS in April 2013.

H1B is approved and i got my documents from  my current employer A.

Now I got a job in a service company B as a full timer.But i have few questions in H1 Transfer to the new employer.

1.Is it possible to do H1 Tranfer from company A to B before my employment begins . (before october 1st 2013) while i am on H4 visa and live in USA currently.

2. Company B is telling, They need minimum 3 paystubs to do transfer. What is the problem if we do the transfer without paystubs before october 1st.

3.  If  the transfer is possible without paystubs, When can i start working( After receipt notice/After approval).

Please advice.

1. Your employment has already begun on 1st Oct 2013. The answer is yes.

2. Not required.

3. Even though you can start to work for new employer after receipt notice it is better to start working for new employer after approval.

 

First of all it is October 10th 2013 already.

[pontevecchio]

1. Possible.

 

2. Work for 3 pay stubs worth of time and then join B after H1 approval with them. Please not the shutdown needs to end for LCA'S to be approved. So join A now and wait.

 

3. See 2.

[monty]

Thanks everyone for replying. yeah its 13th oct 2013 already . problem is that A company is consutlacy firm n still did not find any project for me .

so B company gave me offer if i want to transfer the visa.

so i am in confusion what should i do in this situation ?

right now i have copy of i-797 only.

since its my first h1b visa in this country and i dont want to loose any chnace to get a job here.

its question of life .

plz help.

[jairichi]

Thanks everyone for replying. yeah its 13th oct 2013 already . problem is that A company is consutlacy firm n still did not find any project for me .

so B company gave me offer if i want to transfer the visa.

so i am in confusion what should i do in this situation ?

right now i have copy of i-797 only.

since its my first h1b visa in this country and i dont want to loose any chnace to get a job here.

its question of life .

plz help.

You are out of status till date as you are not being paid by your current employer. File a complaint with DOL. Secure the job with employer B. As LCAs are not being processed due to shut down you can exit US and later enter after H1B petition with employer B is approved or apply for a COS to H4 (if your spouse is on H1B) or to B2.

[omshiv]

thats why never join a shady employer..in the end you'll get in trouble. They wouldnt care...would they?

[spsvisa]

I am on H4 Visa and currently live in USA and Applied for H4 to  H1B COS in April 2013.

H1B is approved and i got my documents from  my current employer A.

Now I got a job in a service company B as a full timer.But i have few questions in H1 Transfer to the new employer.

1.Is it possible to do H1 Tranfer from company A to B before my employment begins . (before october 1st 2013) while i am on H4 visa and live in USA currently.

2. Company B is telling, They need minimum 3 paystubs to do transfer. What is the problem if we do the transfer without paystubs before october 1st.

3.  If  the transfer is possible without paystubs, When can i start working( After receipt notice/After approval).

Please advice.

I am in the same boat as you Monty. Can you share if you found a solution? I will appreciate views from others which can help us in this situation.

Thanks.

[JoeF]

Thanks everyone for replying. yeah its 13th oct 2013 already . problem is that A company is consutlacy firm n still did not find any project for me .

They still need to pay you, even without a project. That's the law, and the employer knows it.

If they don't want to pay you, file a complaint with DOL on form WH4. Having a WH4 pending also gives you the ability to transfer.