H1B vista Transfer query

[maheshpatil]

Hi Experts,

I got my H1b approval this year oct 13 2015. I am currently with my consultant who has file my H1b but still pay roll has not generated.

My previous company where I worked on L1. So my first question is it legally possible?

If not than how many pay stub is required? If I can generate at least one pay stub from my H1B employer and than if I transfer, Is it possible?

Please give me advice as soon as possible. It will help me lot.

[shervin143]

If you do not have pay slips, then you are considered to be out of status on H1B. When you are out of status, then a transfer is not possible. The H1B sponsor should pay you irrespective of whether they can provide you work or not. If they cannot provide you work, then they should revoke your H1B and they should pay you for the period that you were with them. If they are not paying, then you can file a complain with DOL and make them pay. You can try to transfer your H1B with a copy of the complain and it can work. Check the below link.

https://www.immihelp.com/h1-visa-holder-rights/

https://www.immihelp.com/h1-visa-holder-responsibilities/

https://www.immihelp.com/h1b-visa-employer-violations-complaint-procedure/

[maheshpatil]

Hi,

Thanks very much for your reply. Is it possible if my employer generate one pay stub and than I can start transfer process with any other employer? Let me know the same. And when I can file H4 visa for my wife? My employer tole me that, as my pay roll has not been generated than I am not in status and once he will generate my pay roll, I can file my wife's H4 visa. Is this true or I need to file H4 as soon as I got approval notice. Please guide me in this matter.

[shervin143]

You need to have pay slips right from the day your status changed to H1B to have a smooth transfer. I am assuming your family is not in U.S right now. In that case, H4 visa can be filed anytime once you have payslips to prove that you are maintaining the H1B status.

Hi,

Thanks very much for your reply. Is it possible if my employer generate one pay stub and than I can start transfer process with any other employer? Let me know the same. And when I can file H4 visa for my wife? My employer tole me that, as my pay roll has not been generated than I am not in status and once he will generate my pay roll, I can file my wife's H4 visa. Is this true or I need to file H4 as soon as I got approval notice. Please guide me in this matter.