H1 transfer without pay slips

[shameersalim]

Hi

I was on H4 and filed my H1 this year through a consultant. It got approved in sep. My consultant was marketing my resume from oct to dec. In the first week of Dec, I got a full time offer from a different employer. As a prerequisite for the transfer, I need the previous month's pay slips. When I checked with the consultant for the oct, nov pay slips and the relieving letter, he is not ready to provide that and is demanding huge money.  I am afraid that he might cancel my h1.  

What happens if I file a complaint in DOL and he cancels my H1 ? Please let me know if I can change my status to H4 without the pay stubs.
The new employer's attorney is suggesting that there is a chance of RFE without the pay slips.They are suggesting to do a consular processing for the transfer(go to home country for stamping and then come back and start working). My new company is ready to provide all documents(client letters etc) for stamping.

Please let me know what options do I have and the risk of going to India for stamping. 

 

Thanks

[jairichi]

Hi

I was on H4 and filed my H1 this year through a consultant. It got approved in sep. My consultant was marketing my resume from oct to dec. In the first week of Dec, I got a full time offer from a different employer. As a prerequisite for the transfer, I need the previous month's pay slips. When I checked with the consultant for the oct, nov pay slips and the relieving letter, he is not ready to provide that and is demanding huge money.  I am afraid that he might cancel my h1.  

What happens if I file a complaint in DOL and he cancels my H1 ? Please let me know if I can change my status to H4 without the pay stubs.

The new employer's attorney is suggesting that there is a chance of RFE without the pay slips.They are suggesting to do a consular processing for the transfer(go to home country for stamping and then come back and start working). My new company is ready to provide all documents(client letters etc) for stamping.

Please let me know what options do I have and the risk of going to India for stamping. 

 

Thanks

The new employer attorney's suggestion is correct. You could go for consular processing. Do file a complaint against the consultant with DOL. This would help you to transfer your H1B to new employer without the need for pay stubs and to go out of US.

[JoeF]

That consulting company is a fraud.O

n H1, you always need to get paid.

File a complaint with DOL on form WH4. The DOL will make the employer pay you.

Also, a pending WH4 does allow you to transfer.