H1B transfer query- urgent- please help!

[anjali_k]

Hi All, I have a couple of questions, it will be really very helpful if you cud answer them
1.I came on H1B issued by compny A on 12th Dec 05 to US. They havent placed me till now, saying that they r looking for projects. I need to go back to india for my marriage in last week of Jan for about a month. Please advice shd I get paystubs till then from them? They are ready to provide the paystubs if I pay from my pocket.

2.When I come back, If I try for a h1b transfer, how many months paystub do I need. Say I come back wait for a couple of months and they still dont do anything, do I need all the paystubs from dec 05 for a transfer?

Please advise!
Regards

[anilkumar246]

1. It is always advisable to have pay stubs while entering into US after vacation or a short break. It's up to Inspector who might ask you all the H1B relevant documents like valid petition, employment authorization/offer letter etc and pay stubs. However it is ridiculous that you have to pay from your pocket to the employer. Try to negotiate with him.

2. You should need to have a minimum of 4-6 latest pay stubs and those should be produced with other documents for H1B transfer. Always this rule is applicable to H1B transfer. Good Luck.

Cheers,
AKS
(Not a Legal Advise)

[Nishant]

USCIS generally allows a person not to get paid for up to a maximum of 30 days after the approval of the H1B while the individual is in the U.S., or 60 days after s/he enters from abroad.

It is illegal on the part of the employer not to pay the employee beyond this period.

[veena_swsh]

You can re-enter US on your Co.A H1B visa. Just produce all papers pertaining to your employment at POE. You may have to explain the period without pay in case of future US visa stamping.