H1b transfer with only two paystubs?

[krsrini]

I have reached US on Jan 25th 2012, was on bench till March 11th. I don’t have paystub for Feb 2012. From March 12th i am in project, i have paystubs for March and April 2012 (two paystubs, one for each month).
Now i am getting an offer from a new employer who wants to transfer my H1b. Can i go ahead and apply for H1b transfer? Am i out of status since i don’t have Feb month paystub?

[shervin143]

I have reached US on Jan 25th 2012, was on bench till March 11th. I don’t have paystub for Feb 2012. From March 12th i am in project, i have paystubs for March and April 2012 (two paystubs, one for each month).
Now i am getting an offer from a new employer who wants to transfer my H1b. Can i go ahead and apply for H1b transfer? Am i out of status since i don’t have Feb month paystub?
>>> Yes, you are out of status for the period you were on H1B status but with no payslips. Your employer is suppose to pay you irrepective of whether you have work or not. You can complain to DOL and make the employer pay to reinstate your H1B out of status period. A transfer with a copy of the complaint will work. If you file the transfer now and if there is an RFE for the additional payslips, then your transfer will be in trouble.

[krsrini]

I dont like to file complain with DOL and complicate my case. Say i am proceeding with the transfer, thr is RFE for additional payslip and if i didnt give the document (since i dont have it). Will USCIS ask to to go back?

I have reached US on Jan 25th 2012, was on bench till March 11th. I don’t have paystub for Feb 2012. From March 12th i am in project, i have paystubs for March and April 2012 (two paystubs, one for each month).
Now i am getting an offer from a new employer who wants to transfer my H1b. Can i go ahead and apply for H1b transfer? Am i out of status since i don’t have Feb month paystub?
>>> Yes, you are out of status for the period you were on H1B status but with no payslips. Your employer is suppose to pay you irrepective of whether you have work or not. You can complain to DOL and make the employer pay to reinstate your H1B out of status period. A transfer with a copy of the complaint will work. If you file the transfer now and if there is an RFE for the additional payslips, then your transfer will be in trouble.

[shervin143]

Well, this can cause issues later as well. Your W2 at the end of the year will not tally because of your out of status period and it ca be questioned when you attend the visa interview or when an immigration petition is filed. If your cannot provide the documents requested in the RFE, then the employer can withdraw the petition.

I dont like to file complain with DOL and complicate my case. Say i am proceeding with the transfer, thr is RFE for additional payslip and if i didnt give the document (since i dont have it). Will USCIS ask to to go back?