H1-B to H4 COS without paystubs while H1-B transfer is in Process


Recently I have filed for H1-B transfer with my new employer under Normal Processing. I got receipt# in September 2016 and approval decision is yet pending with USCIS. I could not find the project till now and so I am not into payroll with my current employer since september 1st 2016 till date (nov 15th 2016).

Is it legal to stay in US without pay stubs while H1-B transfer decison is pending with USCIS?

If I want to move to H4 status, Can I apply for COS without pay stubs? If so, Will there be any chance of RFE for H4 conversion status? Will it be best to go out of country and come back on H4 visa stamping?

Appreciate your suggestions.


It seems that you are getting confused too much.

  1. You are on H1 status with your old employer A.

  2. Attempted to move to Employer B(transfer pending)

  3. At this state, you are officially on H1 status with Employer A(unless and otherwise Employer A withdrew your petition).

  4. While H1 is in transfer to Emp B, your Employer B is not required to maintain your H1 status.

So, dont be panic. Let H1 by Emp B is approved. At that point, if you didnt get a project(Employee B running your payroll), you may consider changing to H4 status. There is no paystubs required to move to H4.

Thanks for the quick reply.

But I have resigned from employer A in the month of August 2016 and transferred my H1-B to employer B immediately. Please advice.

I guess you mean by “applied to transfer” to employee B instead of “transferred to emp B”
Once you get the receipt of Emp B Transfer petition, Employee B must be able to start paying you your salary to maintain your H1 status. If not, you are out of status(as you have resigned EmpA, who doesnt pay you from that point on. Now Emp B doesnt pay since the transfer is not COMPLETELY done. What is your status?(in other words, you could be out of status). So, have Emp B run your payroll from the date of Emp B transfer receipt notice issued.