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Immigration Issues/H1B transfer without pay stubs

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Question
I am on H1B visa with one of the employer. He has not paid me since Jan 2010. Now I have got a full time offer with one of the companies and they want to tranfer my H1B visa. My company is not giving me my paystubs. Is there any way I can get my H1B visa transfered without pay stubs. Please suggest as I am totally stuck with my present employer and want to get rid of him.

Answer
Your new employer will need to file H1B transfer petition without recent pay stubs from your current employer. The new employer can still request "extension of status" if you submit a letter stating that through no fault of your own the current H1B employer did not pay your salary. You can attach evidence that you had earlier maintained your H1B status (prior to Jan. 2010), and perhaps provide a statement that the H1B employer systematically has not paid salaries to other H1B employees as well.

The USCIS may in its discretion grant you extension of status. If not, the petition through the new employer is still approvable, but the USCIS will not grant extension of status, only consular processing. In this latter case, you will need to apply for H1B visa stamp at a U.S. Consulate in your home country and when you enter the U.S. you will be in status.

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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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