H1-B Transfer lay off- paystubs and other complications

The situation is a little complicated here.

Laid off from Company A (full time job) - Feb 2013

Paystubs till March 15, 2013 (severance pay) available.

Contractor (Company B) filed for H1 transfer on April 21 (not yet approved since not expedited). He is not running my payroll until I get a project. The start date on the offer letter is June 1. He has also not given me a copy of LCA, receipt or any other documents. I just have the receipt number (not even the offer letter). But I think I can ask for the same.

I am close to getting another offer (fultime) from Company C in my area of interest. I am expecting the offer to come within next 1-2 weeks. Once I get an offer, company C will file for the transfer (probably under expedited process). But I think USCIS will need latest pay stubs from Company B, which I don’t have.

What should I do? My understanding regarding paystubs and H1B transfer requirements might be wrong. Any advise/suggestions are highly appreciated.


You are not in valid status at the moment. So C can file for H-1 transfer but there is a strong possibility that they will ask for the payslips. If you are unable to provide the payslips, they may still approve the H-1 but w/o I-94 attached.

This means, you need to leave US and return on stamped H-1 visa. If the old visa stamp is still valid, you can use that along w/ C’s petition.

Does C’s lawyer know about the missing payslips?