Urgent help required

[Annon]

Hi

I got my H1B in 2007. I paid the entire cost of H1B.

I am on west coast and my agent on east coast. Also, I am from a Marketing feild. But my agent has only technology jobs. Consequently, I was not assigned to any project for the past six months as I was (and still) on bench.

Now there are couple of marketing consultants in West coast who are ready to transfer my visa. But they need paystubs for that. And I dont have any as my east coast agent refuses to give them to me.

I want to know how to proceed.Is there any way to get my visa tranferred without the paystubb? Some also say that I am "out of status" as I have not been paid. What happens if this is true? and what should I do about this messy situation?

Any replies and advices will be highly appreciated. Thanks a lot.

[C4us]

You are not working or being paid. You are indeed out of status. You may NOT transfer to the new employer. They may file a new petition for you not under cap; if approved, it will likely require consular processing and for you to exit the country and re-enter with a new I-94 based on the new approval notice.

You are in a very bad situation. You need to contact a lawyer to see how best to handle it since you have been out of status for 6 months; be sure they are an immigration specialist. Look at the AILA.org site.


Do not engage in any attempts at fraud like paying for paystubs. You will make your situation far worse.

[DMX17]

On H1, the employer must pay the H1 employee all the time, even on bench. Not getting paid puts the employee out of status and may result in probelms in H1 transfer, Change of Status, and GC process etc.

[txh1b]

Look up WH4 form from DOL and complain. DOL makes them pay as it is illegal not to pay an H1b employee.

https://www.immihelp.com/h1b-visa-em...int-procedure/