H1B Transfer without paystubs from one employer to other employer

Hi Saurabh,

I appreciate your assistance on the below issues i have.

I entered to US on L1B (company A) on 2010 and I filled my H1B (COS) on May 2012 via Company B (consultant). I got approval on October 3rd 2012 with new i-94 for three years, since Company B did not find me a project i continued to work with company A till November 2012. Mean while I got a new offer from Company C who filled H1B transfer on December 3rd 2012 and currently working for them with the receipt number.

1. Since I have not worked with Company B i don't have pay stubs for October and November 2012. Is this considered as out of status?  and also i worked with Company A till November.

2. Company C has filled my H1 transfer without Company B  paystubs and they are very confident that H1b transfer will be approved. As an exceptional case they said it might be approved without i-94 and there won't be any deniel. Is this a true statement?  What are the issues will i face in the future?

3. If Company C H1B transfer is denied, In that case what will be my status? Can i go back and work with Company B with old i-94?

because of lack of knowledage i ended up with this situation and am having sleepless nights now. Can you assist me with my questions.

1 Like

Can anybody answer my questions above - nm2012

  1. You should have worked for B from Oct 2012. However, there is another school of thought stating that you have 60 days to join B from COS approval date. Your attorney can tell you best.

  2. They are correct (although I won’t comment on the chances of approval). If no I-94 is issued, you will have to go outside of US, get H-1 visa stamped and then return to US on that visa stamp to work for C.

  3. You will be considered on H-1 status and need to work for B.

Thanks Saurabh.

quick note : I worked for Company A till November, Will that be an illegal employment. Will that cause issue while H1 Visa stamping in home country? This happened due to lack of knowledge and consultant did not inform me that i have to leave Company A immediately.

If you believe the other school of thought (the one I mentioned in #1), then its ok to work for A until Nov. However, you should check w/ attorney if that is really correct or not.

IMO, it can be an issue during stamping if you go in near future. However, if you go for stamping several months from now, then chances are low that officer will ask for payslips for those 2 months.

Thanks Saurabh, I just checked with my Company C, they said as a worst case scenario if H1 transfer approved without i-94, then Company C will fly me to India and they will assist me in Stamping by providing all required documents etc… Which is convincing for me, but my question as follows, If i fly for stamping in May 2013 and if consulate officer questions me about the two months (Oct & Nov)? What will be my best answer to them? I would appreciate your advise on this.

Will this (Oct & Nov issue) affect my future petition processing like GC etc…?

I don’t know what the best response is, but you can say that you were working on a project that needed to be completed, or if you were serving the notice period - you can mention that. As it is for 2 months, I don’t think it will have serious long term consequences on GC, but who knows.

Hi Saurabh, Today i got an good news from my Company C and said my H1 transfer approved yesterday and also they will receive the approval notice end of this week. They are saying most likely it should be with the I94 card. What do you think? and also USCIS has processed my application so soon (1 & half month) in regular processing which will take 3-4 months? Is there any common reason behind this?

They may have less workload and so that could have resulted in faster processing. I think it will be w/ I-94 else they would have issued RFE before (for I-94 clarification).

Hi Saurabh, I received the approval notice with i94 card which is good news. Thanks for your help and clarifications. If i go for stamping after 7 months from now will there be a questions on that 60 days.

I don’t think they will ask for payslips for these 60 days when you go for stamping 7 months from now. However, they may ask for W2 for 2012, which will have less dollar amounts (as you didn’t get paid for those 60 days). In that case, you may still run into issues.

It is officer’s discretion whether to ask for W-2 (or payslips) or not.

Thanks for your reply. Apologize that i am asking too many questions. I was working for Company A (L1B) till November, which covers these gap 60 days. I was paid by Company A & have pay slips from Company A. I hope W2 will contain details till November.

Ahh now I remember your case. Sorry, answering too many questions is making me forget the details :slight_smile:

I think it should be fine 7 months down the line. You can carry the documents you have (payslips and W-2) and show just the ones they ask for.

I am also in same condition. Is it possible to contact you? Please provide me your email address so i can reach out to u…

Hello Saurabh, Finally i got my PERM certified and i140 is in process. I am planning to go for Visa Stamping in India. Suppose if i get i140 approval before visa stamping, Will that increase chances of getting stamping without any issues?


No, it won’t improve the chances by much.