H1 on COS , My options

[sfahelp]

Hi,

I have recently been granted a H1B visa on COS . The visa is held by a consultancy firm and i am working for a client with 2 layers in between. I want to go to India a vacation and am wondering of the complications i might face during my visa interviews. Here are my questions, appreciate your insights:

1 - Would there be a issue with my H1B stamping as i have 2 layers between consultancy & end client?.

2 - If i choose to change my job , are the pay stubs really necessary for visa transfer?. If so , how many . What options do i have if i dont have any?

3 - If i transfer my visa to one of the large indian firms, would i need any pay slips from them before i get to the consulate for visa stamping?.

Thanks!

Appreciate your response.

[shervin143]

1 - Would there be a issue with my H1B stamping as i have 2 layers between consultancy & end client?.
>>> Possible. Your case might go into 221g admin processing. Read the experiences posted by others in the below thread.
http://www.immihelp.com/forum/showthread.php?t=83302

2 - If i choose to change my job , are the pay stubs really necessary for visa transfer?. If so , how many . What options do i have if i dont have any?
>>> You will need pay slips from the effective date of the H1B.

3 - If i transfer my visa to one of the large indian firms, would i need any pay slips from them before i get to the consulate for visa stamping?.
>>> Irrespective of the employer, you will need pay slips from day one on H1B status. If you are in H1b status for more than 6 months, then carry at least 6 months of payslips.

[sfahelp]

H1 on COS , My options

Thank you Shervin.

Is there any recourse for me if my employer refuses to provide all pay slips?. I run 1 month late on payroll and will get my pay slips late by a month. Would this create an issue when i transfer my visa?

[shervin143]

The employer is suppose to pay you for the entire period you have worked for them. If not, you can always file a complaint with DOL and file a transfer to a new company with a copy of the complaint filed with DOL. This has worked in many cases.

I am not sure why your employer is running your payroll one month late. Are you saying that in the month of April, you get paid for the month of February? If so, then you should mention that in clear writing to USCIS while filing the transfer. Otherwise USCIS might think that you are currently out of status on H1B.

Thank you Shervin.

Is there any recourse for me if my employer refuses to provide all pay slips?. I run 1 month late on payroll and will get my pay slips late by a month. Would this create an issue when i transfer my visa?

[sfahelp]

Thank you Shervin. Appreciate your help.

You are right . I get paid 1 month after my work . Effectively, my Feb payroll is processed in April.

One more Question : Is there a minimum count of payslip necessary for a visa transfer?. Can i transfer the visa even if I have just 1 payslip (of Feb)?

Thanks!

[shervin143]

If you are in H1B status only for 1 month, then 1 month's pay slip is enough. Basically, you will need pay slips for all the months you were on H1B status. Generally, 3-4 months of pay slips will need to be provided if a person is in H1B status for a duration longer than that.

Thank you Shervin. Appreciate your help.

You are right . I get paid 1 month after my work . Effectively, my Feb payroll is processed in April.

One more Question : Is there a minimum count of payslip necessary for a visa transfer?. Can i transfer the visa even if I have just 1 payslip (of Feb)?

Thanks!