H1 transfer without paystubs?

[swathi24us]

I applied for an H1 in 2008 through employer A and got approved.
Employer A is giving me a hard time and I want to transfer the H1 from Employer A to Employer B. Employer A did not give me my H1 copy (I797) and all I have is the EAC number. Though Im working on a project Employer A does not give me paystubs.

I have read in a few posts that the H1 can be transferred without the I797(H1 copy) but would it be possible without the H1 copy and the paystubs?

Also I have seen it mentioned in one of the posts that the original H1/I797 is reqd when we go for stamping. Does the "original" mean the one I got through Employer A or the one I am going to get through Employer B

sorry if this is a repost....

[krajamk]

as per I know you need paystubs they prove your status H1 and working.

you do not need original I797 from employer A once it is trasfered to employer B. all you need is papers from employer B for stamping.

[swathi24us]

Thanks a lot krajamk. But what should i do in this situation where i dont have any paystubs? plz help

[itzprams]

what should i do in this situation where i dont have any paystubs?

Try to find out various reasons where last 2-3 pay stubs required e.g. applying auto loan, credit card, leasing desk etc. choose best one and insist for pay stubs.

You have not mentioned about pay. If you are not getting paid properly then best option would be filing a complaint against him with DOL.

I have read in a few posts that the H1 can be transferred without the I797(H1 copy) but would it be possible without the H1 copy and the paystubs?

Applying transfer without pay stub will most likely end up on RFE. First of all what is the gurantee that EAC# belongs to you? Atleast you need a scanned copy of approved petition along with pay stubs for initiating transfer.

[swathi24us]

Try to find out various reasons where last 2-3 pay stubs required e.g. applying auto loan, credit card, leasing desk etc. choose best one and insist for pay stubs.


I tried doing that Sir but it did not work.





Applying transfer without pay stub will most likely end up on RFE. First of all what is the gurantee that EAC# belongs to you? Atleast you need a scanned copy of approved petition along with pay stubs for initiating transfer.

If they crosscheck with my other documents i.e., passport copy etc they can confirmy my name , right? might sound ignorant, but Im not able to figure out a way out

[txh1b]

If they crosscheck with my other documents i.e., passport copy etc they can confirmy my name , right? might sound ignorant, but Im not able to figure out a way out

The burden of proof for any immigration benefit lies on the applicant seeking the benefit.Why would USCIS take the trouble to search your name and verify your info? They are already too busy.

[itzprams]

If they crosscheck with my other documents i.e., passport copy etc they can confirmy my name , right? might sound ignorant, but Im not able to figure out a way out

As far as transfer is concerned, you can do it just by taking a print out of online status by entering EAC#. By this way you are taking a chance and if name of transferee is not matching with EAC# records it will end up on RFE.

BTW how will you manage pay stubs which is basic requirement for doing transfer?

Try to keep emails as a proof asking for pay stubs and try to get an attorney or seek help from legal department from your prospective employer with whom you want to get transferred.

[txh1b]

Complain to your state DOL. Call them and ask what can you do as your employer never provides details of deductions taken from paystubs or a copy of the stub. Depending on your state law, they might be violating some employment/tax laws.

Also look to complain to DOL on a WH4 form. They may be able to audit and get copies on your H1b which they will most likely share with you. You can take a chance by using the case status online printout and have a new employer file for a premium transfer. But pay stubs are needed and a complaint on WH4 form enclosed with the transfer will possibly help as Neufield memo provides some rights.

[swathi24us]

Complain to your state DOL. Call them and ask what can you do as your employer never provides details of deductions taken from paystubs or a copy of the stub. Depending on your state law, they might be violating some employment/tax laws.

Also look to complain to DOL on a WH4 form. They may be able to audit and get copies on your H1b which they will most likely share with you. You can take a chance by using the case status online printout and have a new employer file for a premium transfer. But pay stubs are needed and a complaint on WH4 form enclosed with the transfer will possibly help as Neufield memo provides some rights.

TXH1B : What you have said seems like the closest option
If i complain will the employer know because if he knows he might mess with my H1. can this be done anonymously?
so you mean to say that a copy of the complaint along with the EAC number "might" be sufficient
kindly help

[swathi24us]

any inputs TXH1B ?

[txh1b]

Employer can know unless you ask DOL not to disclose.

[Yahya Parveze Rana]

H1 transfer without paystubs

I worked for my employer till November 2014 and since then I did not travel to the US. As now, a new company is interested in my H1 transfer as I hold a valid H1 petition and visa, they are asking me if I have my pay stubs. I was actually never provided with any pay stubs and I did ask my ex employer for it and they refused to provide it. I do have a i-94 record showing the duration I stayed in the US on H1 visa. What shall I do? Is process still going to be smooth?