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H1 B Transfer(do not have recent paystub)

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  • H1 B Transfer(do not have recent paystub)


    I want to get m H1 transfer to a new company but I dont have recent paystubs. I have got paystub of only Jan 2008 as I have worked only for one month since Oct2007. Since then I was on bench.
    Can anyone suggest whether it will be safe to get my H1 transfer ?

  • #2
    No, you are out of status. Employer is required by law to pay you and benching without pay is illegal. Look up WH4 and complain to DOL.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.


    • #3
      You cannot transfer when out of status, but it is possible to change to a more responsible employer.

      While you work out the pay issue with the DOL, you can still move to a new employer by having him file a new petition and when you receive your new approval notice - since it will not likely come with an I-94 - you can exit and re-enter to begin work. Filing for PP will speed up the process.

      There are many discussions on this. Search for and read those threads.