Pay stub requirements for H1B transfer

[Varunbhagat21]

Hello,

In March 2013, I had filed for a L1B to H1B COS which got approved in Dec 2013. However, I continued to work for the company (Company A) that had sponsored my L1B till March 2014 ( The expiry date on my L1B visa was in March 2014). Unfortunately, things are not working out well with the company that currently holds my H1 (Company B) and I have found a new permanent job (with Company C). I am told that I will need to provide 3 pay stubs for the H1 transfer. I do have the pay stubs, but they are from Company A and not Company B, is that going to be a problem? I don't have any pay stubs from Company B.

Thanks in advance!

[raghvi]

Hello,

In March 2013, I had filed for a L1B to H1B COS which got approved in Dec 2013. However, I continued to work for the company (Company A) that had sponsored my L1B till March 2014 ( The expiry date on my L1B visa was in March 2014). Unfortunately, things are not working out well with the company that currently holds my H1 (Company B) and I have found a new permanent job (with Company C). I am told that I will need to provide 3 pay stubs for the H1 transfer. I do have the pay stubs, but they are from Company A and not Company B, is that going to be a problem? I don't have any pay stubs from Company B.

Thanks in advance!

Its illegal to continue to work for L1 employer once a COS to H1 has been approved, unless, you did a leap frog (left US before COS start date and re entered on L1 visa after COS start date - thereby nullifying your COS to H1).

If you didnt do a leap frog, as per USCIS records you are on H1 status and getting paid by H1 employer. So if you are not, it certainly is a problem, not only with a transfer of H1, even with employment with L1, as well as it can have future GC impact.

If you did a leap frog, then any employer can use the earlier approved h1 petition to file a cap exempt petition and you can do a L1 to h1 Change of Status and you can provide current L1 employer's pay stubs to prove current valid L1 status.

This is my opinion not legal advice.