H1 transfer issues with missing paystubs, covering all the scenarios


saptsati

Recommended Posts

Have seen lot of people write you with a lot of expectations and hopes, and so have I. 

 

I got my H1B(small consulting) starting 10/01/14, but have only one pay (from 16th oct, 14 to 31 oct, 14) as the project my LCA was applied for got scrapped.

 

My employer has not revoked or terminated the contract or informed USCIS of the situation but has told me that in case if some one else wants to transfer my H1 or if i transfer my H1 to F1, he would provide me for 3 pay stubs (bi weekly pay stubs from 01/01/14 to 2/15/14).

 

Questions:

 

1)  Another employer offered to transfer (provided , when I get a project through his marketing team), what's my chance of getting it approved.

 

2) Can I apply for student Visa F1, If so do I need to show for any pay stubs and how many?

 

3) What If I plan to go back to India and apply for a transfer of H1B with different company from india, would I still need  to show the pay stubs and how many? Will they ask for the W2 as well.

 

4) Since my employer never terminated the H1 neither I resigned, can I legally ask him to produce the pay stubs till date and then apply for F1( English speaking course, I20 offered).

 

5) Finally,if during the processing of CoS application from H1 to F1 I get a project with the new consultant, can I cancel the F1 application and accept the job and continue my H1?

 

Please Assist.

 

 

Regards,

Link to comment

Have seen lot of people write you with a lot of expectations and hopes, and so have I. 

 

I got my H1B(small consulting) starting 10/01/14, but have only one pay (from 16th oct, 14 to 31 oct, 14) as the project my LCA was applied for got scrapped.

 

My employer has not revoked or terminated the contract or informed USCIS of the situation but has told me that in case if some one else wants to transfer my H1 or if i transfer my H1 to F1, he would provide me for 3 pay stubs (bi weekly pay stubs from 01/01/14 to 2/15/14).

 

Questions:

 

1)  Another employer offered to transfer (provided , when I get a project through his marketing team), what's my chance of getting it approved.

 

2) Can I apply for student Visa F1, If so do I need to show for any pay stubs and how many?

 

3) What If I plan to go back to India and apply for a transfer of H1B with different company from india, would I still need  to show the pay stubs and how many? Will they ask for the W2 as well.

 

4) Since my employer never terminated the H1 neither I resigned, can I legally ask him to produce the pay stubs till date and then apply for F1( English speaking course, I20 offered).

 

5) Finally,if during the processing of CoS application from H1 to F1 I get a project with the new consultant, can I cancel the F1 application and accept the job and continue my H1?

 

Please Assist.

 

 

Regards,

You are out of status from 1st Nov 2013 till date. You would need to file a complaint against employer with DOL. This would make sure that your employer pays all you salary from 1st Oct 2013 till date and also would help you to be in status and transfer to a new employer.

Generation of fake pay stubs is illegal.

 

1. Even if new employer's petition is approved it would be approved with consular processing as you are out of status i.e. you need to exit and enter with a H1B visa.

2. This step would ruin your career and life in US.

3. If new employer files a H1B petition while you are in India you should be fine. You should have done this in November 2013.

4. Refer 2.

5. Refer 2.

Link to comment

Archived

This topic is now archived and is closed to further replies.