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H1B Transfer Counselor premium processing without Pay stub

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  • H1B Transfer Counselor premium processing without Pay stub

    Hello ImmiHelp,

    Currently i am in H1B working for an employer A who don't give me pay stub (perdiem reimbursement in home country currency + Home country salary) , now Employer B offer me a job and they are processing my transfer in Counselor premium processing. They said reason for Counselor processing is due to i dont have paystub. But i do have the W2 which i produce in the document filled. I got the receipt number on 19th Dec and waiting for approval.

    1. Any risk involved in this processing ?
    2. Can i get approved in this case ?
    3. While attending the interview do i need to produce paystub ? i have w2 but not paystub.
    4. How long it will take to get approve in my case?
    5. Is there any possibility for RFE ? now it is 9 th day after i got the receipt number.

    Kindly reply as soon as possible it help me a lot.

  • #2
    Originally posted by Varun View Post
    Hello ImmiHelp,

    Currently i am in H1B working for an employer A who don't give me pay stub (perdiem reimbursement in home country currency + Home country salary) , now Employer B offer me a job and they are processing my transfer in Counselor premium processing. They said reason for Counselor processing is due to i dont have paystub. But i do have the W2 which i produce in the document filled. I got the receipt number on 19th Dec and waiting for approval.

    1. Any risk involved in this processing ?
    2. Can i get approved in this case ?
    3. While attending the interview do i need to produce paystub ? i have w2 but not paystub.
    4. How long it will take to get approve in my case?
    5. Is there any possibility for RFE ? now it is 9 th day after i got the receipt number.

    Kindly reply as soon as possible it help me a lot.
    Per diem payment is not wage payment. Your employer seems to be doing so to avoid paying taxes. As long as you are getting paid in salary as per LCA or above LCA amount it should be verifiable through Pay stubs and W2.

    1. Yes there is.
    2. It depends upon how deeply they go into your payment process.
    3. Possible the VO will ask for pay stubs.
    4. No one can predict.
    5. Yes very much.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      Per diem payment is not wage payment. Your employer seems to be doing so to avoid paying taxes. As long as you are getting paid in salary as per LCA or above LCA amount it should be verifiable through Pay stubs and W2.

      1. Yes there is.
      2. It depends upon how deeply they go into your payment process.
      3. Possible the VO will ask for pay stubs.
      4. No one can predict.
      5. Yes very much.

      This is my opinion not legal advice.
      Raghvi,

      Thanks for your input as you said it went for RFE now , i just want to know is there any impact on my current H1B if transfer is on RFE?

      Comment


      • #4
        Originally posted by Varun View Post
        Raghvi,

        Thanks for your input as you said it went for RFE now , i just want to know is there any impact on my current H1B if transfer is on RFE?
        Varun, what happened to your case? My wife also almost in the same situation but with same employer for H1B amendment.

        Comment

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