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Immigration Issues/H1 transfer/extension without pay stubs

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Question
Hello Sir!

I work for company A and on bench for 10 months. i went to native country last august after my project was over & stayed there as my father was seriously ill and came back to us recently. my h1 is expiring in august and my employer is unable to find a project for me and also not willing to run payroll for pay checks.

Is it possible for my employer to file for my h1 extension without latest pay stubs and also can I transfer my H1 to company B. Also, can I claim back the lost period which i spent in India.

Please advise as to what needs to be done

Answer
Rajiv,
It is possible for the employer to file for your H extension. Also a new employer can file for a H-1B visa as a change of employer.  The USCIS may or may not ask for the pay stubs. But in most cases they do and you may have to show that you were employed but the employer did not pay you. (I am not sure why it took you 10 months to determine that you may have to transfer and also that this could be an issue)

You are eligible to recapture the days spent outstide the US.

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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