H1 transfer issues -plz help!

[neets126]

Hi

My friend got his H1 B visa approved with a desi consultant and it was effective from Oct 1, 2009. But since he had not got into any project, he was not being paid. Now, he got a full time oppurtunity in another reputed firm who is willing to file for his H1 transfer. However, they need his previous pay stubs on H1 for the same. But since he did not get paid in Oct and Nov, he does not have any previous pay stubs. If he waits till the end of Dec, his consultant is willing to generate the pay stubs for Dec, but the other firm wants to get the process done as soon as possible and does not want to wait till Dec end.

What are his options in this case?

Thanks in advance for your help.

[shervin143]

Transfer is not possible when your friend is out of status. When you are in H1B, you need to be working and get paid. Your friend should complain to DOL and make the employer pay, so that he/she can get back to status. Also, applying for the transfer with the copy of the complaint to DOL will work sometimes. Check the below links.

https://www.immihelp.com/h1-visa-holder-rights/

https://www.immihelp.com/h1-visa-holder-responsibilities/

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