H1B Transfer question

[mougli]

Hi,

I was fired from my project on may end and I am not being paid by my consultant since then. My H1b is currently with a consulting company. So, I am missing paystubs for the months of june and july.
Now I have found a permanent job with a fortune 100 company and I need to transfer my H1B to the new company.

My question is, since I am missing the lastest 2 paystubs, will it affect my H1b transfer? Is there anyway I can make it happen smoothly?

Thanks..

[ohlala]

For h1 transfer, you need last 2 pay stubs

[mougli]

For h1 transfer, you need last 2 pay stubs

Is it impossible to get a H1 transfer without the last 2 paystubs.

[shervin143]

Most likely the transfer will get denied. Transfer is not possible when you are out of status. When you are in H1B, you need to be working and getting paid to maintain your H1B status. Your employer should either pay you or revoke your H1B. You can file a complaint against your employer for not paying you when you are still employed with them. If you apply your transfer with a copy of the complaint filed to DOL, then your H1B transfer might get approved.

Is it impossible to get a H1 transfer without the last 2 paystubs.

[mougli]

Most likely the transfer will get denied. Transfer is not possible when you are out of status. When you are in H1B, you need to be working and getting paid to maintain your H1B status. Your employer should either pay you or revoke your H1B. You can file a complaint against your employer for not paying you when you are still employed with them. If you apply your transfer with a copy of the complaint filed to DOL, then your H1B transfer might get approved.

Can I show them that I was on a vacation for the 2 months when I apply for a H1 transfer?

[kabkaba]

Vacation will need to be justified by documentary evidence.

Even company HR/Attorneys will not file the petition without paystubs, forget about reaching USCIS.

You can complain to DOL and file the petition based on the complaint receipt.