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Immigration Issues/H1 Transfer w/o Pay Stubs

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Question
Hi Ajay,

I came to the US on H1 in Dec 2007 and have been on bench since then without pay. Now I am getting a good permanent job offer. Can you please tell how can I transfer my H1 to the new company? I need join the new company in 2 weeks.

Thanks,
Santosh

Answer
Hi Santosh,

You are violating H-1B status by not being paid the agreed upon salary.

I recommend that the new company file the H-1B petition through premium processing. Normally you would need to attach recent pay stubs from the current H-1B employer when a new company files an H-1B petition in order to be granted "extension of status" through the new company. When filed through premium processing, the USCIS will make a decision within 15 days of filing as to whether you have been granted extension of status, or whether you have to go to a U.S. Consulate abroad to be issued another H-1B visa in the name of the new company.

Since any violation of status (the fact that you have not been paid the agreed upon salary by your H-1B employer) will have been for less than 180 days, even if the approval notice through the new company specifies that you must be issued new H-1B visa stamp at a U.S. Consulate abroad, you can be confident that the Consulate will issue the new H-1B visa stamp.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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