H1B Transfer....

[java2raju]

Hi Friends,
I came to USA in April 2008.Still I didn't get Project. My current employer didn't run any pay stubs for these days, Its almost 5 months. Now I got one offer from another Company(company has 1500 head count).They asked me to work in India for 4 months there and they will bring me back to US after 4 months.
For this I need to transfer my H1B to their company.for this new employer told me that I need to go for stamping again at Chennai consulate for H1B transfer. My first time stamping was happened at mumbai.
Is this suggestable to tranfer my H1B without having pay stubs of my current employer. please give me reply if there are any negative things in my situation.

Thanks,
raju

[txh1b]

You have been out of status without pay. This will haunt you later on. You can transfer the H1b outside the country as well. No paystubs = No transfer inside US. This will also lead to your deportation if caught. A person I knew through a friend of mine spent a good couple of weeks in jail before getting deported.

Do yourself a favor and look up WH4 form and complain against the employer. They are required by law to pay you your LCA salary. This will help out in your future stampings.

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

Also search for Neufield memo on the forum and look up the applicable section.

[java2raju]

H1B transfer query or rejection?

Thanks for your reply.
I have one more question.If there are any query or rejection while tranfering
H1B from company A to company B. Can I come to USA with the Company A , I mean with my old I 797 and visa.My visa is valid till 2010.Currently I am on bench my current employer is not paying.He taking care of my maintainance only.
please suggest me. Advance thanks..

Thanks,
Raju