H1 transfer without payslip

USA H1B Visa
1

Hi All,

Requesting your help on the below:

I came to US on H4 last year and a company filed for an H1. THe same got approved on oct 1.

Now, the company is saying it will only generate payroll once i am on a project.

In the mean time i have got a full time offer.

Can you please answer the below questions:

  1. Can the new company transfer my H1 without paystubs

  2. Since i came to know that my current company will not generate paystubs, i did not apply for SSN.

Now when the new company intiates transfer can i apply for SSN ans save a RFE?

  1. What would be the procedure for the company to transfer - will it be a COS or H1 Transfer

  2. If the company gets H1 transfer rejection, can i continue working for my current employer
    Aprreciate your help on the same and the company would file for the same tomorrow

2

Please reply …help needed

3

  1. What’s the effective date of COS? If it’s somewhere say 15th or 20th Oct, it shouldn’t be an issue at all; however if it was effective from 1st Oct & you’ve not started working yet, it would be a problem in the future (and you may be living in US in an invalid status).

  2. There is no correlation between H1 & SSN. Once you join a company & start earning, you may apply for SSN.

  3. Depends upon your current status. Regardless, I-129 petition needs to be filed by your new employer.

  4. Yes, but you must start working now.

I would recommend to consult with an attorney.

P.S. It’s not a legal advice.

4

Thanks for your input.

I need to consult an attorney but am not getting the proper guidance to the right one here.

Can you please help me on the below:

  1. The status was H1 effective Oct 1.
  2. Currently we are given a offer letter from consultant A but we have not signed and given it back.
  3. Now how do i get into company B.
    Do we go out of the country and file for Cap exempt?
5

Please understand that you are already staying in US in invalid status for more than 20 days now - please don’t take it lightly - it may haunt you in the future. An experienced immigration attorney only can help you out.
Company B has to file I-129 in cap exempt category. Please do whatever attorney suggests.

P.S. This is not a legal advice.