H1B Transfer without PayStubs


PriyankaR

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Hi,

 

I entered US in Dec 2012 with H4 visa and was able to apply for H1B visa through an employer in April 2013. I received the H1B approval notice on Oct 2013. I am on job hunt and yet to start my job with the current employer. Hence, I do not have any paystubs.

 

Meanwhile, I found a job in a different company for which I need to transfer my visa. Please let me know if it is possible for me to transfer my visa without any paystubs or is it that previous paystubs are mandatory to transfer the visa.

 

Also I would like to know if there is any complication that can occur during visa stamping which the above scenario.

 

Thanks.

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Hi,

 

I entered US in Dec 2012 with H4 visa and was able to apply for H1B visa through an employer in April 2013. I received the H1B approval notice on Oct 2013. I am on job hunt and yet to start my job with the current employer. Hence, I do not have any paystubs.

 

Meanwhile, I found a job in a different company for which I need to transfer my visa. Please let me know if it is possible for me to transfer my visa without any paystubs or is it that previous paystubs are mandatory to transfer the visa.

 

Also I would like to know if there is any complication that can occur during visa stamping which the above scenario.

 

Thanks.

You have 60 days from the date of approval to join employer. If you have reported to your employer whether project is available or not you need to be paid. If not file a complaint against employer with DOL. 

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Hi,

 

I entered US in Dec 2012 with H4 visa and was able to apply for H1B visa through an employer in April 2013. I received the H1B approval notice on Oct 2013. I am on job hunt and yet to start my job with the current employer. Hence, I do not have any paystubs.

You HAVE a job, with your employer.

Your employer is responsible for getting you a project.

Even if your employer doesn't have a project for you, he has to pay you. Since you are looking for a project, you obviously have joined the employer, so you need to get paid.

If the employer doesn't want to pay you, file a complaint with DOL on form WH4. A pending WH4 allows you to change employers.

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Thanks Jairichi and JoeF for your inputs.

 

Jairichi,

 

Can I transfer my visa within 60 days of time to another employer without having paystubs and working for my current employer. Its still not 60 days after I received the approval and I have a better opportunity than the current one.

 

Is it advisable and how good it is for me have my H1B status intact?

 

Thanks.

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Thanks Jairichi and JoeF for your inputs.

 

Jairichi,

 

Can I transfer my visa within 60 days of time to another employer without having paystubs and working for my current employer. Its still not 60 days after I received the approval and I have a better opportunity than the current one.

 

Is it advisable and how good it is for me have my H1B status intact?

 

Thanks.

As JoeF had said if you have reported to your employer you need to be paid and you need pay stubs to transfer to a new employer. File a complaint with DOL as suggested and this would help you to transfer without any issue. If new employer does apply H1B petition without pay stubs you will get an RFE and later H1B would be approved with consular processing.

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