Rahul, thank you for your response but I do not think this will be a transfer from my current employer (holding my L1) to XYZ. MurthyDotCom regularly addresses common questions and misunderstandings about immigration law. This, however, does not prevent one from obtaining an H1B petition approval through a new employer and regaining valid, legal H1B status by traveling abroad and reentering on a new I-94 card. For taxes you get a W2 from the employer. By continuing to browse this website, you agree to our use of cookies. Is it advisable to file for an H1B transfer without a paystub now (i.e 2) As the current yearclosing to the end and if my current employer will not pay for the last months how should I handle the problem with the future Green Card processing? Many people, including some immigration attorneys, call this process an H1 transfer. Now i got a full time oppurtunity in the company BBB. Get last few paystubs for past months (at least 1-2) that will help you on job change. We were exceptionally impressed with how they have combined the great personal and communication skills they bring and also technology with a highly intuitive website which guides you and keeps you updated throughout the process..This is a true testimonial, I would highly recommend VisaPro to anyone looking for guidance and success in this area. That's the only way you can transfer your H1 without pay stubs. But what should i do in this situation where i dont have any paystubs? However, in the absence of recent pay stubs, if you failed to maintain the valid H-1B status, it may not be possible to obtain an H-1B extension of status within the U.S. USCIS may instead ask you to go back to your home country and ask you to reenter on a new Form I-94. - Quora Answer (1 of 2): yes, when you are applying for transfer from one employer to another employer in the USA. Please help with the next questions: 1) I need to submit the WH-4 complain to use the confirmation letter instead of paystubs during the visa transfer, is it correct? It would cause lots more problems for him. You dont require any paystubs because if you are not in the U.S., the extension of H-1B status is not even applicable. Eng, Go to company page tnl, October 7, 2013 in H1B : Portability Issues. H1 Transfer without a single Paystubs while in US and no clue of Again, there is no concept of a transfer, as such. What is H1B Visa Transfer? my understanding is we need atleast 3 paychecks to apply for H1B transfer. You/He needs to do I-9, so the company needs to give that to you/your friend. Consider the example of R.S. Individuals such as these ask about getting their H1Bs transferred from companies where they either never worked or are no longer working. I am in almost a similar situation, I am waiting for my H1 approval through a consultant ABC(had an RFE which was responded) and now I got a full time opportunity from a good company XYZ who is willing todo a transfer. Once my H1 is approved I will be an employee of ABC. There are issues with what is known as bridging when there are multiple filings. Case law precedents dictate that even in cases where the employer notified the employee, but not USCIS of the termination, the H1B remained valid until the end of the LCA period, and the former employee is able to collect back pay with interest. Q: If successive H-1B portability petitions can be filed, what happens if an aliens nonimmigrant status expires while the H-1B portability petitions are pending, and a petition in the bridge is denied?A: As stated above, to be approved, every H-1B portability petition must separately meet the requirements for H-1B classification and for an extension of stay. 12-05-2008, 09:56 PM I applied for an H1 in 2008 through employer A and got approved. Your most recent pay stubs should be the pay stubs submitted. Q:I have an H1 visa stamp from my old employer. immihelp.com is private non-lawyer web site. Even in a case where the employee misrepresented his credentials, given the employer a reason to terminated him, because the employer did not notify USCIS, the clock requiring the employer to cover backpay continued to run. Note: Your post will require moderator approval before it will be visible. I have a friend back in India, who has an approved H1B valid until mid 2025. Is my answer "BEST ANSWER" and/or "HELPFUL"? The new employer must file a H-1B visa petition. Complain to your state DOL. also do they need any other documents..? H1B Transfer on I-140 Upon the cessation of employment, a foreign national in E-1, E-2, E-3, H1B, H1B1, L-1, O-1, or TN status normally is eligible for a grace period of up to 60 days, or until the exiting validity period ends (i.e. Employer has just given i797C(notice of action) and online status is approved case. The employer initiates the process. If they crosscheck with my other documents i.e., passport copy etc they can confirmy my name , right? (Not required if the existing H-1B was never used and the transfer is applied from outside the U.S.). Current startup is running out of cash and has- paid me less than the salary in the H1B- not paid me this reduced salary for the last 2 monthsI understand this makes me out of status and invalidates the visa. https://www.immihelp.com/h1-visa-transfer-faq/. Therefore, when people say H1 transfer, it is actually just a new H-1B petition, all over again, without the restriction of the H-1B cap. H1 Transfer without Pay Stubs | Forum.FreeAdvice.com 2. As I know I will need to submit the Tax details and it will show problem places. If you are a Occupational/Physical Therapist, you will need to provide a copy of your state license and visa screening certificate. If so, please acknowledge and mark it so. Nik H1B, November 12, 2019 in H1B : General. 21.8k Location Austin, TX Posted November 13, 2019 File a WH4. Q:Can I apply for an H1 transfer for multiple employers at the same time?A:Yes. How to Transfer H1B Visa Before Start Date to New Employer - Happy Schools Find Out. The H1B visa is a US non-immigrant visa in the work visa USA category. A new H1B visa stamp would need to be acquired for the passport, if the prior H1B visa stamp is expired. choose best one and insist for pay stubs. Thank you Rahul, so you mean once I get my H1 approved from ABC, I can start an immediate transfer without ABC salary slips because I did not work there at all and there are no salary slips? All Rights Reserved. Leave the US while still considered to be in status (USCIS doesn't yet know that there is a problem) and apply for a new h1b from outside the country. Your previous content has been restored. the xyz company lawyer willsubmit a cover letter explaining why you dont have a pay stub from abc employer and you should be good to go. I will consult with immigration lawyer but asking here to find similar cases in Trumps America.Thanks!TC: not being paid, Go to company page After Singh graduated with distinction from a reputable Indian university, he was offered a job by a US consulting firm, YKK Infosys, promising to pay him $60,000 a year as a systems analyst. H1B Cap 2024 Filing Secrets: Why You Should Plan Now. Since there is nothing transferred between employers, it is not necessary to obtain permission from one employer to move to the other. To do so, they must submit an I-129 form to the USCIS. Since you never went to the USA, the concept of H1B out of status is not really relevant. Amazon, Go to company page 2023 Murthy Law Firm. If you travel outside the U.S., if your H1 visa stamp (even if from previous employer) is still not expired and valid, you can use that H1 visa stamp along with the H1 petition from your new employer to travel back into the U.S. If I dont tell them, is there any way for them to know? Why I Chose H1B Transfer Premium Processing: How to Do H1B Visa Change H1B Transfer Without Pay Stubs? Find Out. - VisaPro For visitors, travel, student and other international travel medical insurance. This can be done outside the U.S. as well as while in the U.S. Q: I am currently in the U.S. on an H1b. immihelp.com is private non-lawyer web site. All rights reserved. Copyright 1999-2023 immihelp.com. However, the employee does need to fulfill their contractual and non-compete obligations before transferring to another employer. Technically it will be your H1 transfer from your current employer to full time employer. Are you wondering how to transfer H1B before start date of October 1 or without pay stubs? i had another offer from a us company and they processed my h1 transfer in premium processing and i got my visa approval without any rfe. Nothing gets transferred from one employer to another employer, except the employee itself. Consider the following liabilities that YKK would be potentially subjected to: General Penalties: Failure to comply with all LCA requirements may result in fines from $1,000 to $35,000 per violation, and debarment from all future approvals of visas or Labor Certifications for at least one year. Is H1B Transfer without paystubs possible? - Go2Immigration Please suggest i dont want to lose oppurtunity with Company BBB. Now I have received an H1 approval for a new employer. Forget about ABC now. Transferring H1B without Pay Stubs By: Shah Peerally, Esq. Your link has been automatically embedded. Note that, if the individual was the beneficiary of an approved H1B, but has never been in H1B status, s/he may still be subject to the H1B cap, depending upon the situation. H1B Transfer 2023: Detailed Step-by-Step Guide - HomeAbroad Inc. Depending on your state law, they might be violating some employment/tax laws. Thanks a lot krajamk. Since you didn't worked for ABC, submit your current employer's pay stubs for the H1 transfer. New. Besides, you need to pay attention that each company might have received a different requirement to sponsor a visa for someone. Call them and ask what can you do as your employer never provides details of deductions taken from paystubs or a copy of the stub. Generally, small employers use it as a scare tactic to avoid attrition. 2. Salesforce, Go to company page Q:For an H1 transfer, how many pay stubs are required from the previous employer?A: The last 2 or 3 pay stubs should be enough. USCIS is cracking down on benching situations. Not affiliated with any government agency. The H1B Transfer Process Explained: Step-by-Step Do's and Dont's H1B transfer without paystubs - H1B : General - Murthy Law Firm Scenario 3: H1B Transfer after working in the US, the applicant in the US 6. as per them, i need to go out of US and reenter with a new i94. If you previously worked for employer A and now have a pending H-1B petition for employer B, and you would now like to work for employer C, you can do that as long as employer C files a new H-1B petition for you, as long as you are in status. We value your privacy.We will not rent or sell your email address. The message is that H1B employees should recognize the fact that they have rights, and honest and dishonest H1B employers alike should realize that they have to be very careful not to violate these rights. H1B Transfer Without Pay Stubs? Act Now - free spots fill up fast! https://www.immihelp.com/h1-visa-transfer/. Other Legal Damages:In addition to the DOL requiring the employer to pay fines and back pay for its violations, an aggrieved H1B worker can, for example, seek a claim in federal court based on RICO violations. But, I believe you would have at least one pay stub from employer AAA by the time BBB files a H1B transfer. they did not provide me any pay stubs as i did not get any clients. Mr. Smith has 25 years of successful U.S. immigration law experience with cases just like yours. 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