H1B transfer without recent pay stubs


dynahelp

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Hi,

 

I first entered US on stamped H4 visa in 2014 (which expires in 2016) and then Employer A filed for my H4 to H1B change of status which was approved for October 1st 2014 (expires in 2017).

 

Employer A generated my pay stubs on regular basis until I got my H1B visa stamped in June 2015. However, since my H1B stamping Employer A has only provided me with September 2015 pay stubs as I was not on project and is not going to provide me with the previous pay stubs for July and August. I do not want to work for such employer any more. 

 

Now I got offer from Employer B and Employer B is willing to file my H1B visa but would require 3 recent paystubs. I have only September 2015 pay stubs after my H1B was stamped. In such scenario:

 

1. How can Employer B file my H1B visa transfer?

 

2. What is my current status since he has generated my September pay stub?

 

3. Is my H4 stamped visa still valid as I got my H4 to H1B COS and then got the H1B stamped and entered USA on H1B? My husband is still employed with the same company. Can I re-enter USA on this H4 visa which was stamped in 2014?

 

4. Do I need to go to consulate visa interview in India to get another H4 stamped?

 

5. In future can Employer B or any other employer file for my H4 to H1B COS? If yes, will that be cap exempt even if Employer A revoked my current H1B?

 

6. Is they any way I will be notified if my H1B is revoked or how can I see if my visa is valid?

 

Please help!

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On H1, you need to get paid ALL THE TIME, even on bench without a project.

That's the law, and the employer knows it.

If you don't get paid you are out of status.

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.

Also, a WH4 allows you to file an H1 transfer.

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