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Transferring H1 due to no Payroll / PayStub

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  • raghvi
    replied
    Originally posted by Prabhakar_Singh View Post
    Hi All - My H1 was filed and approved with consular processing. I went to india, got my H1 visa stamped and traveled back to US on 15th Oct.

    My consulting company has not started my payroll, and have not paid me anything for 15 days. They said they will onboard me only after they find a project and ignoring the fact that this may cause legal complications for me.
    I know this is is not as per rules, but i needed to get the best way out of this. Please help me with below.

    - Is there a grace period where i can stay in US on H1 without payroll. Since i am currently on H1 with not being onboarded, what are the legal implications.

    - My friends company is ready to do a H1 transfer for me and get me started right away. Is there a minimum time i need to be on the current H1 "with Payroll" to ask for a transfer.

    - If i decide to go with above H1 transfer, i dont have any paystubs, Is it required while filing H1 transfer.
    You are currently out of status. And when you are out of status, a transfer or change of status is not possible. If you file a transfer first thing USCIS will ask is to prove your valid status, which you cannot as you dont have pay stubs.

    Your current employer is legally bound to pay you whether they have work for you or not. If they do not you can complain to the DOL.

    This is my opinion not legal advice.

    Leave a comment:


  • Transferring H1 due to no Payroll / PayStub

    Hi All - My H1 was filed and approved with consular processing. I went to india, got my H1 visa stamped and traveled back to US on 15th Oct.

    My consulting company has not started my payroll, and have not paid me anything for 15 days. They said they will onboard me only after they find a project and ignoring the fact that this may cause legal complications for me.
    I know this is is not as per rules, but i needed to get the best way out of this. Please help me with below.

    - Is there a grace period where i can stay in US on H1 without payroll. Since i am currently on H1 with not being onboarded, what are the legal implications.

    - My friends company is ready to do a H1 transfer for me and get me started right away. Is there a minimum time i need to be on the current H1 "with Payroll" to ask for a transfer.

    - If i decide to go with above H1 transfer, i dont have any paystubs, Is it required while filing H1 transfer.

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