H1b: Paystub from a Different branch of a same company but a Different name and EIN

USA H1B Visa
1

I am a physical therapist on H1b with a Homecare Company A since 2016. Recently I was transferred to a different branch (my work area/counties remained same as LCA) within the same Company A. However, the new branch functions under a different entity name Company B (EIN) and I got 3 paystubs with a Company B name. Both Companies are part of same corporation and does business under same name. My i94 is valid till Feb 2019. I need to explore my options to fix this. Any advise is appreciated.

2

Sounds like a franchise activity. For example McDonald’s USA will be your visa sponsor but you might work at KD Food corporation which is also a McDonald’s location but operated by Mr. KD. Why do you feel a change is needed? You will get paid by the EIN owner because that’s the location you’re working at. The State will have a DBA document available that shows that all entities are governed by same franchise.

3

Thank you for the info. I was told that H1B employee cannot take paystub from the Entity with a different EIN number that was not approved in a 797 receipt. The State does have a DBA document available that shows all entities are governed by same franchise. However, my employer is suggesting to file an amendment petition with an extension and then I go to home country for a consular processing and re-enter United States with a new visa stamp.
My question is, Is it necessary to go for a consular processing right away if I have not really violated my status by inadvertently working for this entity?
Thank you.

4

Consular processing is needed only when you travel and not to validate a visa class

5

Thank you. My employer attorney is suggesting that I go for stamping immediately after extension approval.

6

Hi Samratt,

I am in the same situation right now. I searched my problem and your question came up. I have exactly same problem. I am a PT working for a home health company and they switch branches under different EIN number. Now I got 6 pay stub already under different EIN number and my extension is due soon. Attorney told me its a H1b violation and I may have to go back to India to get it stamped. With all the Covid restrictions, its a hard situation for me to go back to India and get it stamped. I want to know what happened in your case? Please help me out here. Thanks

7

Give me your email or phone number. I will tell you what I did.

8

My phone number is 4092012030 . My Name is Shubhanshu Saxena. Call me anytime. Thanks

9

If you prefer to send me an email, my email address is physio1213@gmail.com. Thanks a lot.

10

Hi Samratt,

I am trying to get hold of you as I need some suggestions. Attorney has filed the extension received a RFE. I need advice before she send a reply. Can you please call me at 4092012030 or email me at physio1213@gmail.com. Thank you

11

Hi Samrat,

I am in a same situation rightnow. Can you please let me know how it was fixed or how did you go for extension?