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Urgent help needed for H1 transfer

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  • Urgent help needed for H1 transfer

    Hello Guru's

    I need your advice. I am on a H1B visa and came to US during Aug'2008 but till now i was not able to find a contrat because of which my employer has not run my payroll. recently I got a full time offer and the new employer wants to transfer my H1B.

    Now my question is if i ask my current employer, will he be able to run the payroll for the last five months (Aug - Dec ' 08). So that I can give them to the new employer for H1 transfer.

    Somebody was saying as year 2008, is already over its not possible to run payroll for the last year.

    Please guide me how I should proceed.



  • #2
    Having H1 visa in the US and not working / not getting paid is illegal.
    You are counted "Out of Status".

    Since you have H1 visa, having a job is a must. You should be paid during bench period also. This is the law.
    You can file a complaint against the employer.

    Yes, H1 paystubs are required when you transfer H1 because USCIS wants to know if you are still in status. If the new employer is a reputed one, background verification will be carried out and they may screw you up if they find anything illegal.

    Also, running paystubs without having actually paid is a crime. You will be in troubled waters ahead. DO NOT do so.
    Some shady employers do run H1 paystubs withour even paying an employee.

    I hope this helps !


    • #3

      So what is the option left for me? any suggestions




      • #4
        Complaint to DOL using WH4 form (search please) and use Neufield memo to help with your transfer.

        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.