Transferring H1B with no payroll

[Prabhakar_Singh]

I had my H1-B petition filed and was approved with Consular processing.

I traveled to India, got my visa stamped and cam back to US on 15th Oct.

 

The consulting company which filed my Visa is yet to onboard me or start a payroll and are saying that they will not do so unless they find a project for me and are not ready to acknowledge the legal implications.

 

I had a few quick questions --

• I am in US on H1 B visa with no payroll for 2 weeks now. What issues can face because of this. I heard there is a 30 day grace period within which i need to find a job. Please advise.
• My friends company is ready to hire me. But I just traveled to US on a H1 - B and don't have any payrolls / paystubs. Can i still ask them to file a H1 B transfer?
• Is there a requirement to spend a minimum time on current H1 before switching jobs.
• For H1 - B transfers, i believe they need paystubs for last 3 months. Is that needed.

Any advise or direction will be greatly appreciated.

[JoeF]

They need to pay you. Period.

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

And a pending WH4 also allows you to do an H1 transfer to a new employer.