H1 transfer

[Emma607]

Hi Experts

I need suggestion for below situation and advice on how to proceed ahead
1. I was on H4 and got my H1 B approved from Oct 1, 2013 with one of the companies A
2. Now I got an offer from company B who are willing to transfer my H1

Now the issue is
1. I do not have pay stubs from company A as the payroll will be generated by End of November as they have monthly payment.
2. As I am on bench they will generate the payroll but are not ready to give pay stubs to me directly.

Is there a way that company B can go ahead and initiate my H1 transfer

[raghvi]

Hi Experts

I need suggestion for below situation and advice on how to proceed ahead
1. I was on H4 and got my H1 B approved from Oct 1, 2013 with one of the companies A
2. Now I got an offer from company B who are willing to transfer my H1

Now the issue is
1. I do not have pay stubs from company A as the payroll will be generated by End of November as they have monthly payment.
2. As I am on bench they will generate the payroll but are not ready to give pay stubs to me directly.

Is there a way that company B can go ahead and initiate my H1 transfer

What about October 2013 payment?

[Emma607]

Hi Raghvi

The October payment would be generated by end of November as it is montly payment but employer is not ready to give me paystub until I get into project

[raghvi]

Sounds fishy employer. If you don't have pay stubs you are out of status and you wouldn't be able to initiate a transfer.

This is my opinion not legal advice.

[Emma607]

Is there any way to get rid of this problem.

What if I get October month paystub - Will it be possible to initate the transfer

[kabkaba]

In order to get extension of status (transfer approved with I-94) you must be currently maintaining status. You must be getting paid from day 1 (Oct 1). Monthly paystubs are understandable, but then where is the paystubs for Oct 1 to Oct 31 period?

[Emma607]

"Monthly paystubs are understandable, but then where is the paystubs for Oct 1 to Oct 31 period?"

Monthly paystub will be generated by end of november

[raghvi]

"Monthly paystubs are understandable, but then where is the paystubs for Oct 1 to Oct 31 period?"

Monthly paystub will be generated by end of november

As far I know globally payroll generates paystubs for a particular month in the same Month. So 01-Oct-2013 till 31-Oct-2013 Paystubs are generated by 31-Oct-2013. 01-Nov-2013 till 30-Noc-2013 pay stub will be generated by 30-Nov-2013 and so on. Why is there a 1 Month lag for you?

Whatever be the case you cannot initiate a smooth transfer without Up-to-date Pay stubs.

This is my opinion not legal advice.

[Emma607]

As far I know globally payroll generates paystubs for a particular month in the same Month. So 01-Oct-2013 till 31-Oct-2013 Paystubs are generated by 31-Oct-2013. 01-Nov-2013 till 30-Noc-2013 pay stub will be generated by 30-Nov-2013 and so on. Why is there a 1 Month lag for you?

Whatever be the case you cannot initiate a smooth transfer without Up-to-date Pay stubs.

This is my opinion not legal advice.

Please let me know whether it is feasible to talk to the directly about the H1 transfer with company A and get all the documents in place. Are ther any chnaces for them to create any kind of issues or problems to me

[raghvi]

Talk to Whom? Please be clearer. The biggest issue I see here is that you dont have any pay stubs, advised to get regular pay stubs from Employer A and once you have accumulated 2-3 of them then only plan a transfer.

This is my opinion not legal advice.

[Emma607]

Talk to Whom? Please be clearer. The biggest issue I see here is that you dont have any pay stubs, advised to get regular pay stubs from Employer A and once you have accumulated 2-3 of them then only plan a transfer.

This is my opinion not legal advice.

Can I talk to company A who is holding my H1 as of now and ask them to provide my paystub for the month of october 2013.
1. Is there any possibility that company A will create problem during the H1 transfer to company B
2. Will single pay stub be sufficient for initiating the H1 transfer
3. As company A is running the payroll with a lag of one month - Would this be a problem in future transfers ..? Like after March If I plan to transfer - will it be sufficient to provide paystub of December and January alone for initiating H1 transfer in month of March

[raghvi]

Well it can be worked out if employer A sorts out the Pay Stub Delay issue. But if they really were genuine they wouldn't be delaying payroll by a Month. After all when an Employer (A in this case) petitioned USCIS, they indirectly/directly committed that they have genuine work for a skill set not available in US and that Employer has the ability and money to pay the employee as per DOL regularly. On this basis USCIS approved the H1 petition.

1. Many shady consultancies do this, the employee is left with little recourse in deciding between going out of status, filing complaint to DOL OR to negotiate with existing employer, pay money to run payroll, and finally do a transfer.
2. As long as its the latest one.
3. As I said USCIS might raise an RFE for Feb Pay stub and you will be left with no choice. Eventually getting H1 transfer approved only as consular process.

H1 employees do have right but the fight for the right is not an easy one.

This is my opinion not legal advice.

[Emma607]

Hi Raghvi

Thanks for the advice. I will try to work with company A to sort the payroll problem. Once everything is in process , I will plan for H1 transfer