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Immigration Issues/H1 Transfer without paystubs


I arrived in US in Jan 2008 through a consultant A. They haven't done anything to get me a contract so I have not been working since then. I do not have any pay stubs.

1. Am I out of status ?
2. Can I transfer my H1 to another company without pay stubs?
3. Is there a chance of my H1 getting cancelled ?
4. What is the grace period for not working, after which the visa goes out of status ?

Thank you.


1) You are not out of status, if you can show that there still exists a employer-employee relationship.
2) You can but most probably the USCIS will ask for the paystubs.
3) If you are not employed then you are considered out of status.
4) There is no grace period.

As soon as you get an employer to file for an H visa, you can get your current employer to pay the backwages. As a matter of fact the USCIS has recently stated that if this the case they will use their discretion and grant you time to change employer provided you lodge a complaint against the employer for not paying wages.

Ramasamy Krishnan

Immigration Issues

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Ramasamy Krishnan


Immigration particularly business immigration and National Interest Waivers.


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,

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