H1B Transfer from desi consultancy to American Consultancy

My friend joined desi consultancy and started working. But he is not getting paystubs as desi consultancy is not co-operating to give them. Now He got job offer from american staffing consultancy which they want H1B transfer. He resigned from desi and sent documents to american consultancy.

  1. Will he face any problem with transfer as no paystubs are given for transfer. If RFE raised, if american consultancy can provide paystubs(as they give properly) and will his H1B gets approved or will it proceed to consular processing? Any issues with consular processing in this case?

  2. Any issues as he crosses boarder?

Please suggest or help in this situation?

when filing for h1 transfer, last couple of paystubs are required. RFE is highly likely otherwise. Best option is for your friend to negotiate nicely with desi company to get paystubs. then you can soft-threaten by saying attorney is demanding payslips from employer.

as long as your friend is maintaining status, he doesnt have to worry about anything when confronting the desi company for payslips

DESI consultancy is not at all giving payslip becos the employee may leave company and desi company is black listed by USCIS it seems.
Also he signed agreement of 1 month notice which is against american labour law of 15 day notice.
Also Desi consultancy threating him to put case on him as he is taking same opportunity that came through them. is it legal to put case on him?

If they are indeed blacklisted, then i don’t see why they would dare to put case on your friend. the new emmployer when filing petition or as a reply to RFE can provide documentation that the previous employer is blacklisted and hence no payslips.