H1B Transfer Without Pay Stubs

[ogulak]

Hi All,

I've obtained H1B in last year. Until Jan 16th 2009, I was in Ukraine and didn't do any work for my H1 visa holder, which is body shop middlecompany and they can't get a project for me.

I arrived in United States on Jan 16th 2009, and applied for SSN on Jan 30th 2009. I supposed to get SSN in two weeks. In the meantime, I'm staying in my friend's house and looking for a new employer who could make a transfer.

Obviously, I don't have any pay stubs from my visa holder.

Question: With all that said, can I apply for H1 transfer? What are my chances it will be approved?

I really appreciate your help.

[jrandolph]

but there is no guarantee that it will be approved without you having to leave the US to have your visa stamped.

But that should be the worst case scenario from what you're telling me.

[bvallabu]

hi,

I have a similar problem. I came into the country on Oct 24 2008 and my company said they currently dont have projects for me and to wait for two months. I was not paid and did not get any paystubs. In the mean time I searched for other opportunities. Another company offered me a position and I started working with that company on Jan 12 2009 and applied for H1B transfer through that company.

USCIS replied back for this petition and said that since I did not have paystubs for the period of Oct-24-2008 to Jan-12-2009, I did not maintain my legal status and have to go to the consulate where I got my visa for the interview. They mentioned that my case cannot be considered as a transfer of H1B.

They did not mention if I have to go immediately for the interview.

What are my chances of getting the visa if I go for the interview without paystubs from my previous employer?

What documents can I get from my previous employer?

Please guide me. Any advice would be much appreciated.

Thanks in advance.

[rally]

Same problem faced by me- Got selected in the interview, they have asked for employment details but i have been on bench since Feb 2009 because of recession hence unable to find new projects. In the meantime, i applied for fulltime position. I am concerned on two things:

1) The future employer contacting my current employer for backgrd check to which my current employer may take offence and
2) I do not have pay stubs to show for H1 transfer since Feb16th 2009.

I need the fulltime job as this recession has been terrible for contract jobs!

could some one please help me out in advicing how i come out of this problem? Your personal experience or anyone you know who passed thru same problem successfully.

[NRISoftdotcom]

H1b transfer without pay stubs is possible. Trick is you have to get back on status, by demanding back pay on the bench. Please dont do it yourself. Have a professional attorney do it.

Even if they dont pay, you have proof of your demand filed.
If you file dol on your own, it may take 1.5 yrs before you will get paid. Thats 1 yr and 5 months longer than it takes if you used an attorney.

I am not an attorney, however, I help about a hundred people every month in exact same situation. (one can transfer to our company without recent pay stubs.)

This is NOT really simple and you must find an immigration attorney who is really creative and or one who has a labor attorney in his office, because it takes a good labor and immigration attorney for this.

find a law firm who handles both immigration and labor cases.

[fighter_4ever]

Dear NRISoftdotcom,

I am currently looking for a project. My current employer is an American consulting firm, and my last pay stub is dated 05/08. I want to keep the option of H-1B Transfer open, preferably to a desi company.

My Questions:

1. If I do have to transfer, does my next company ABSOLUTELY have to file
for that by 06/08, AND that too with me already have gotten a project ?

2. I would like to get in touch with you to discuss transferring my H-1B Visa
to your company, especially if I still do not get any project by 06/08. Can
you please respond to this message to let me know how can we
communicate ?

[NRISoftdotcom]

Simply search for "Unsweatshop" in google to find us.

If a company a non desi or a desi company like ours conducts business like a professional US company, using non desi attorneys/ desi attorneys not flagged by uscis, you will be fine.

more on the topic at h1transfer.net about h1 transfer without pay stubs.

[acotionu]

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[akumar7]

I had a similar situation and want to know if I am eligible for H1 transfer.

Here is my case

I was working on on approved H1 petition from Dec 2008 until Feb 2009. I went to India in Feb end and got 221g pink slip at the time of H1 stamping.

I waited for 3 months and then came back to USA on H4 visa in May. In June The US consulate Delhi approved my visa and asked to submit my passport for stamping.

But till that time my company did not want me to join so I stayed on H4.
Now I am about to get a job offer from other company.

I am wondering if I am eligible for H1 transfer and what will be the process?

Will I need any documents from my old company?

Do I need to go to India for stamping?

If the H1b quota remains by the time I get the job offer then I'll definitely use the new H1, but if not I need to know what are my options.

Please help