You are here:

Immigration Issues/H1 Transfer Without Paystubs

Advertisement


Question
Dear Attorney Ashley,

Thank you for providing the free service.   I have some questions about H1 transfer without paystubs.  

FACTS:
My OPT expired in August 2007.  My H1-B with a Company A became effective 10/1/2007.  However Company A is not getting any projects for me, which means I won't get paid for quite a while.  I'm planning to transfer H1-b to Company B.    Itís not very likely I can get even a verification letter from Company A.

QUESTIONS:
(1)  Am I out of status in September?  Was in 60 days grace period.  
(2) Am I out of status in October, based on the fact that Iím not working under H1-B?
(3)  If Company B file a H1-B transfer without Company Aís paystub, how likely would USCIS ask for it?  
(4) If USCIS ask for Company Aís paystub, and I canít provide, how likely the transfer can be approved?
(5) If the transfer is approved, but Iím required to go overseas to have the new H1-B stamped, do I get an I-797 approval notice without I-94,  if not,  what would I get?
(6) If I get an I-797 approval notice without I-94, is it the same as a courtesy copy?    
(7) Is it advisable I move forward with the transfer?  Any suggestions?


Thank you very much for your time.  I look forward to hearing from you soon.

Danny M


Answer
1.  No if sixty days did not expire.
2.  No, even though you are not paid you are still an employee if you employer has not fired you.
3.  The USCIS may ask or may not.  In many successful cases we have handled they do not ask for it.
4.  This is speculative, there are ways to jump around this issue.
5.  It would not be necessary to get your H1b stamped.
6.  No.
7.  I cannot suggest your next move without more information.
Good Luck.
Mark Ashley
www.ashleykrishnan.com

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


Mark Ashley

Expertise

Business Immigration. My practice focuses on representing researchers, scholars, and other advanced degree professionals with filing NIW, EB-1,O-1, H-1, L-1 petitions. I am a founding partner in the immigration law firm Ashley & Krishnan,www.ashleykrishnan.com.

Experience

18 years as a practicing attorney.

Organizations
Member of AILA

Education/Credentials
JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

©2016 About.com. All rights reserved.