Transfer of h1 Visa (Please help me)

[jurong]

Hi folks

I am h1b holder and came in dec looking for a job. My employer never paid for my h1 and i paid myself. After coming here when i was looking for a job i got a job offer from company now and that company wants to transfer my h1 visa.
The thing is as usual these consultants had cooked up the resume for exp and and new company is asking me for a pay stub for couple of months which i dont have. On the other hand i dont have any contract with my employer and he havent even single interview for me so far. What should i do right now. Can anyone help me. I am confused and i dont want to leave this opportunity as i have more chances to learn here. Please help me

[orion]

With the economy going southward and chances of a recession looming large, the situation will only worsen from the job perspective. As for pay-stubs, they are a mandatory requirement for H1 transfer. Ask the lawyer of the new company if offer letter or other documents from previous company will work.

[jurong]

Thanks orion. But can i speak to my present employer regarding my pay stubs. I too totally agree with you that there are going be recession everywhere.If the new company takes in my application without pay stub can i go ahead with the transfer of visa and are there chances that my transfer of visa will rejected cos i got stamped in may 06 and came here on nov 07 and havent started working and if i want to immediately would like to transfer visa is it going to work? will it get rejected? Please advise.....

[orion]

Without pay-stubs you'll most likely get a request for evidence (RFE) that you were working and maintaining your status.

[Defineworld]

RFE (request for evidence is mostly ) would be the pay stub right. I havent started working for my current employer and he never processed my H1 and never spent anything on me. He dont want even let me take a contract to hire job by the new company. I am worried that i may miss this opportunity because of the recession. Can i then go ahead apply for a new h1 with the job offered company kindly let me know.....

[jurong]

Anyone can help me please. What should i do if my employer still cant find a job and will i be able to transfer my h1 without pay stubs cos my status is the only concern which doesnt let me take the job please please advice...

[rent438]

H1B Transfer with no pay stubs?

Hello,
I was working on a contract hourly rate basis and now for the last 3 months don't have any projects. Thinking of changing employer as current employer is not able to find projects. I read from the previous mails that pay stubs are required. As per the H1B, its full-time job so I guess the employer is required to pay us salary even if there is no project OR shound't he support in getting the pay stub (just the paper) so that one can transfer the H1?. Is there any leagal ground here to persue the employer to get the pay stubs? If INS/ DOL come to know about these sort of practices then what would be situation of these emplyers? Are they not aware of these things?? Or just think that no desi have the guts to do that?

A reply is much appreciated.
Thanks,
J

[GreatGuru]

He can give pay stub alone provided he pays your withholding taxes both for federal & state and employer pays his payroll taxes.

Hello,
I was working on a contract hourly rate basis and now for the last 3 months don't have any projects. Thinking of changing employer as current employer is not able to find projects. I read from the previous mails that pay stubs are required. As per the H1B, its full-time job so I guess the employer is required to pay us salary even if there is no project OR shound't he support in getting the pay stub (just the paper) so that one can transfer the H1?. Is there any leagal ground here to persue the employer to get the pay stubs? If INS/ DOL come to know about these sort of practices then what would be situation of these emplyers? Are they not aware of these things?? Or just think that no desi have the guts to do that?

A reply is much appreciated.
Thanks,
J

[jurong]

Thanks a lot seniors. but what will happen to my status if my employer couldn find a job at all and will i be still maintaining my status . Is there any time limit to get a job h1 . Seniors please do help and suggest me and i am seriously concerned about it

[jurong]

hai rent438

Are you able to find anything move now. Any suggestion from you on this sitaution. Do kindly let me know.Thanks in advance.

[jurong]

Hi Seniors

Please help me and what would happen to my status if i my employer didnt get me an oppurtunity. What are the most efficient ways to maintain my status and to look for a project. Seniors you are all very well experienced and please please suggest me as i feel very helpless now.

[jurong]

anyone can help me? Seniors kindly suggest me on my situation...

[jurong]

Hi orion

Can you please suggest me in this scenario?

[orion]

On H1, if you are not working and not getting pay and pay-stubs you are already out of status. The only solution is to get a job and get pay-stubs and then transfer your visa to another employer if you would like to do that. Coming to the US on H1 through a consultant has the underlying (but unwritten on paper) implication that the consultant will only help you get to the US and then you'll have to find a job with the many restrictions they put. They will also try for you, but in the end its on you. If they cant find you a job for a rather long time I'd not be surprised if they lay you off (in case you are using any of their resources). All of this is not legal but its happening that way for the last 15 yrs. If you want you can complain to the DoL. Many dont complain because with their company, they will implicate themselves too. So its like the company owns you as long as they have your H1. As per me the way the current H1 works is worse than bonded labor exploitation for those who cant find a job, but a lot many others are able to benefit from it too who get a job.

[jurong]

Thanks orion for the reply and i am working hard to find a job myself with all the restrictions on the rate that they put. Finding it very difficult but understand there are no much options to play around. Thanks for the reply.Any other suggestions for a efficient search kindly let me know.Thanks again