How to Transfer H1 without Payslip

I applied for H1B when I had a valid H4 Visa and it got approved. however my employer has not started running my payroll from past 6 month as I have not got a project with their expected billing rates. I had filled the I9 document and sent him in October itself. I don’t have the H1B approval notice with me neither the payslips.

How can I do a H1 transfer in this case ?

Good question.

There is no law says that the H1B beneficiary needs to produce the payslips for a H1B petition(Transfer case). But the burden to prove that the beneficiary (thats you) maintained the given status is on the beneficiary.

In other words, while you are officially on H1B status, if you are not paid according to the LCA, you are out of status. So, if you cant prove that you are paid officially, its hard to get the next H1B approval.

But since its not your fault(as you are ready to work if your employer employs you), you can present your NO-FAULT situation(like your email correspondence, other proofs that you have done your part of H1B employment)., then the USCIS/DOL catch your employer neck and potentially, they may approve your new H1B(but its a long battle with an uncertain result).

File petition without the paystubs. If RFE comes, explain the above in a nice letter as a part of such RFE response.