H1B visa transfer without paystub in US

[ramesh_pal]

Hi ,

I got my H1B visa  including the change of status from H4 to H1B in last  November 2013  through an consultancy .  I couldn't able to get any job due to bad market condition , so my consultancy didn't start my pay roll  even though I completed  all my joining formality in December 2013.

Now I  got a good opportunity  for a permanent position and the new employer  wants to initiate  the H1b visa transfer . I have all the document ready except the required  pay stubs .

Now I have the following query .

1. Is it possible to do the visa transfer without the paystub  ?

 

2. Can I ask my present consultancy to provide me the required  pay stubs ? I  think if I ask the paystub he may not agree to provide me the same .

 

Then what other options do I have ?

Please advice .

 

Thanks in advance

Ramesh

 

 

 

[JoeF]

You are out of status, i.e., ILLEGAL!

You need to get paid ALL THE TIME, even on bench without a project. That's the LAW!!! And the employer knows it.

If the employer doesn't want to pay you, file a complaint with DOL on form WH4. The DOL will make the employer pay you.

A pending WH4 also allows you to change employers.

[jairichi]

Hi ,

I got my H1B visa  including the change of status from H4 to H1B in last  November 2013  through an consultancy .  I couldn't able to get any job due to bad market condition , so my consultancy didn't start my pay roll  even though I completed  all my joining formality in December 2013.

Now I  got a good opportunity  for a permanent position and the new employer  wants to initiate  the H1b visa transfer . I have all the document ready except the required  pay stubs .

Now I have the following query .

1. Is it possible to do the visa transfer without the paystub  ?

 

2. Can I ask my present consultancy to provide me the required  pay stubs ? I  think if I ask the paystub he may not agree to provide me the same .

 

Then what other options do I have ?

Please advice .

 

Thanks in advance

Ramesh

1. No, you cannot.

2. It is the duty of employer to find a project for you and pay you whether project is available or not. File a complaint against employer with DOL. This would help you get your unpaid salary and move to a different employer.

[rahul412]

1. Is it possible to do the visa transfer without the paystub  ?

 

2. Can I ask my present consultancy to provide me the required  pay stubs ? I  think if I ask the paystub he may not agree to provide me the same .

 

Then what other options do I have ?

Please advice .

1. You need latest pay stubs for H1 transfer.

2. That's not possible.

 

Remember, you have a job when you are on H1. Finding a project is your employer's responsibility.

On H1 you need to get paid every month and that's LAW. Not getting paid means you are out of status. So file complaint against your FRAUD employer, that's the ONLY option you have .