H1 transfer without payslip

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

Please reply …help needed

  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.

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?

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.