H1B Transfer RFE

[tanya21]

Hi,

 

I got my H1b approved with new I94 on 17th December 2013. Now I got a new job with another employer and he has filed for my H1b transfer under premium processing. I got an RFE for the transfer requesting for pay stubs for at least 3 months. The thing is I don't have 3 pay stubs with my previous employer, because I got it approved only in December and the next month I had to wait for my SSN to arrive. This is because I was on an H4 visa status before. So, I do not possess any pay stubs prior to that too. Can anyone please respond. I am very confused. Can anyone suggest what is the right thing to do?

 

Thanks in advance

[jairichi]

Hi,

 

I got my H1b approved with new I94 on 17th December 2013. Now I got a new job with another employer and he has filed for my H1b transfer under premium processing. I got an RFE for the transfer requesting for pay stubs for at least 3 months. The thing is I don't have 3 pay stubs with my previous employer, because I got it approved only in December and the next month I had to wait for my SSN to arrive. This is because I was on an H4 visa status before. So, I do not possess any pay stubs prior to that too. Can anyone please respond. I am very confused. Can anyone suggest what is the right thing to do?

 

Thanks in advance

If you have reported to employer after H1B approval and not paid till now then you are currently out of status. You need to be paid while you are on H1B status. That is the law. You would need to file a complaint against current employer with DOL.

[rahul412]

Hi,

 

I got my H1b approved with new I94 on 17th December 2013. Now I got a new job with another employer and he has filed for my H1b transfer under premium processing. I got an RFE for the transfer requesting for pay stubs for at least 3 months. The thing is I don't have 3 pay stubs with my previous employer, because I got it approved only in December and the next month I had to wait for my SSN to arrive. This is because I was on an H4 visa status before. So, I do not possess any pay stubs prior to that too. Can anyone please respond. I am very confused. Can anyone suggest what is the right thing to do?

 

Thanks in advance

From the day your H1 was started, you are on H1. And you need to get paid everything during the H1 period, it doesn't matter you have SSN or not bcos now a days payroll can be generated without your SSN if you have a job and applied for SSN

 

Only a complaint against that employer will help you out.

[aru27]

This is March and your status of H1B started in dec so ideally you need to file taxes too.

 

how did your new employer file your transfer with out paystubs since h1b status is always validated with paystubs. This was bound to happen.

 

 

Please ask your present employer attorney and complain to DOL.

 

One more info to get back to H4 status also you need paystubs (RFE might be generated). check on this.