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Immigration Issues/H1 B transfer , but not Pay stubs

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Question
Hi,
I am in USA with a consultant for around 35 days.
He is not able to place me as of now. So he is not providing me any salary.
Just giving me some allowance for food etc.
Has no salary, so no pay stubs.
I have been approached by some companies and they are ready to go for H1 Transfer.
I did spoke to them; they said they will take care of my H1B transfer.
But, before i really take this step, I want to know what complications can arise.
1) What can be the worst case scenario?
2) What are the ways my new employer can successfully transfer my H1B ?
3) What all he needs to take care?
4) What would be my status?  

Answer
Vinod,
The USCIS may or may not ask for paystubs to approve your H-1B application with your new employer. Even if they do, an argument can be made that you are still an employee of the current company despite not being paid.
The worst case scenario, would be that the H-1B application would be denied and you continue to work for the current company. I would suggest that you make sure that the new employer has a bona fide job opening for you and an experienced attorney to file the paperwork.

Best of luck.
Sincerely,
Ramasamy Krishnan
www.ashleykrishnan.com

Immigration Issues

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Ramasamy Krishnan

Expertise

Immigration particularly business immigration and National Interest Waivers.

Experience

I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan, www.ashleykrishnan.com

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