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Immigration Issues/H1 Transfer witout payslip

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Question
Is it possible to get your H1 transferred from Company A to Company B when you have not started the work with Company A. Company A in this case is not getting any projects and company B has a project ready for the candidate.

Answer
You can file with out pay slips by arguing that the beneficiary is still an employee of Company A and obtain letters from the company to support the existence of the employer-employee relationship. Having said that an approval would also depend on whether the immigration service will accept this or not. There have been many instances where they have done so. I would suggest in this situation that you file for the H, obtain the approval before joining the new employer.
You can also compel the current employer to pay you the wages listed on the H petition. They are not allowed to withold pay on bench.
Sincerely,
Ramasamy Krishnan
Attorney at Law
Ashley & Krishnan
9801 Westheimer, suite 302
Houston, TX 77042
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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