Change of Jobs in US while on H1b

[happybuddha]

Hello helpful people,

I love this forum. So much of help and more importantly genuine help.

If you some of you would remember, I resisted the temptations of switching companies (shady) to be able to be deputed to the US on an H1..... and finally was sent to the US by my own company which has a credible name in the US, I guess. But who cares.

So, I came here 10 days ago. I can count on my everyday multi-vits and say so ... and now, I wish to switch my employer. Now, I did read through the Visa transfer faq and it says that 2 or 3 paystubs are required.. and there were a few places which said no paystub around Octobers time will also do.
What is the importance of October in this context ?

Could some one please tell me what is the legal way to go about changing employers once a person is on H1B in US ? Are paystubs even required ? I cant wait for another 20 days to show my middle finger to this org.. phew

... and of course, as always, please do let your own suggestions and opinions enlighten my way.

Cheers,
HB

[shervin143]

For a successful H1B transfer, you need to prove that you are in valid H1B status (That is only if you are currently in H1B status). The way to prove that you maintained your H1B status is by showing the payslips. So all that you need to do is to provide payslips for the period that you were on H1B status.

Some people get the H1B petition approved on a new CAP that will be effective only from Oct 1st. So they are not in H1B status until Oct 1st. They can just transfer their petition to another employer without any payslips since they were never on H1B status to have the payslips at the first place.

[happybuddha]

For a successful H1B transfer, you need to prove that you are in valid H1B status (That is only if you are currently in H1B status). The way to prove that you maintained your H1B status is by showing the payslips. So all that you need to do is to provide payslips for the period that you were on H1B status.

Thanks for your answer. So for the second employer to initiate the transfer of H1 status, the employer needs to show that I have been receiving salary and thence the payslips. This is my understanding. Is this correct ?

But then why 2-3 payslips ? One should do it, isnt it ?

So lets say in affect I have worked for 10 days with the current firm and have not yet received a payslip, means I am not allowed to switch employers then ? ( I think I will most definitely recieve a full and final settlement which will show that I was paid, whatever I was paid, so that wont help either ?)

cheers,
HB

[shervin143]

Thanks for your answer. So for the second employer to initiate the transfer of H1 status, the employer needs to show that I have been receiving salary and thence the payslips. This is my understanding. Is this correct ?
>>> Correct.

But then why 2-3 payslips ? One should do it, isnt it ?
>>> Because what if you were out of status all this time and just got one payslips for this month and decided to switch immediately. Be happy that USCIS accepts just the last 3 months of pay slips for a successful transfer. To prove that were maintaining the H1B status correctly without any out of status period, they should actually check all the payslips from the entire duration of stay in H1B status.

So lets say in affect I have worked for 10 days with the current firm and have not yet received a payslip, means I am not allowed to switch employers then ? ( I think I will most definitely recieve a full and final settlement which will show that I was paid, whatever I was paid, so that wont help either ?)
>>> You can very well do that with proper documentation stating that you are in H1B status for only 10 days and haven't received your first pay check yet. But most employer who spend the money for your H1B transfer won't be on a position to take that risk.

[happybuddha]

Thanks a lot for your valuable suggestions Shervin143.
I guess I will just have to wait for 20, no wait, now its 19 , more days and I can get two pay slips, since its a biweekly payout, before I can hop and skip.

cheers,
HB