Sam

Hi:

I was wondering if its possible to apply for H1 transfer without
paystubs. Is there any other alternative to using paystubs (maybe W2,
etc)?

Also, how much time does it take for the H1 transfer to get processed?

-Sam

Kevin Keane

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Sam wrote:

    > Hi:
    >
    > I was wondering if its possible to apply for H1 transfer without
    > paystubs. Is there any other alternative to using paystubs (maybe W2,
    > etc)?

You need to keep in mind why USCIS asks for the pay stubs in the first
place: to verify that you really did work for the previous employer,
maintained your status and were paid enough. A W-2 will typically be too
old to be of value here. Depending on why you want to file without
paystubs, you may be able to substitute a letter explaining the absence of
pay stubs.

Ask the attorney who handles the new H-1B.

    > Also, how much time does it take for the H1 transfer to get processed?

A few months. You can start working as soon as it is filed; you do not need
to wait for the approval.

If you need an approval quickly (usually because you plan international
travel), you can use premium processing with a guaranteed turnaround time
of 15 business days.

- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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Sam

Kevin:

Thanks for your response.

The thing is that my employer gives plain simple Checks. He does not
give the "Pay-Stub" (i.e; showing earnings for the period, the
deductions for taxes paid for Federal income tax and other taxes ..
etc). So all I have are the stubs from those checks.

I guess this is done with a prime motive of holding the employees - so
that they cannot do H1 transfer. What are the options I have?

I really want to leave this firm as I am getting much better projects
and technologies to work on, with other firms.

Thanks for your help.
SAM

Kevin Keane

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Sam wrote:

    > Kevin:
    >
    > Thanks for your response.
    >
    > The thing is that my employer gives plain simple Checks. He does not
    > give the "Pay-Stub" (i.e; showing earnings for the period, the
    > deductions for taxes paid for Federal income tax and other taxes ..
    > etc). So all I have are the stubs from those checks.
    >
    > I guess this is done with a prime motive of holding the employees - so
    > that they cannot do H1 transfer. What are the options I have?

I don't think that is the motive at all, but am a bit concerned about you
not getting pay stubs. This is really not primarily immigration law, but
labor and tax law. It is my understanding that an employer has to provide
you with a detailed breakdown of all withholdings from your pay.

As it is, you could simply write an affidavit (basically a letter)
explaining the situation, and attaching some other evidence. For instance,
the stubs from the checks that you deposited.

Also, if you have been working there at least since 2005, you should by now
have received form W-2 for your tax return. You can include a copy of that.
if you haven't received it yet, you should immediately ask the employer. I
believe they are required to give it to you by Jan 31.

- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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Sam

I started my H1 in Oct' 2005. I have been paid 2 checks (plain checks +
stub - Not the Paystub) and also got my W2 last week.

Can I use my W2 & those 2 checks (for Oct and for Nov) to file for H1
transfer.

If I do the above do I still have to write a letter? Will including a
copy of those 2 checks along with the copy of stubs make my case
stronger?

Thanks
SAM

Kevin Keane

Sam wrote:
    > I started my H1 in Oct' 2005. I have been paid 2 checks (plain checks +
    > stub - Not the Paystub) and also got my W2 last week.
    >
    > Can I use my W2 & those 2 checks (for Oct and for Nov) to file for H1
    > transfer.

First, make sure that the W-2 matches the checks you received in the
first place. If you received plain checks without stubs, things may not
necessarily add up.

Next, what USCIS really wants to see is evidence that you are still in
status right now. That means, that you are working for that employer. If
you send in older checks, they may or may not ask questions - but why
take a chance? Especially since these are non-standard checks will
already raise eyebrows.

    > If I do the above do I still have to write a letter?

I would still consider it a good idea.

    > Will including a copy of those 2 checks along with the copy of stubs make my case
    > stronger?

Probably. It proves that you did at least receive some money from the
employer in the past. That makes several things more credible:

- you actually worked there.
- you didn't get paid regularly (else you would have received a regular
pay stubs) through no fault of our own.

Basically, these checks would support your letter, rather than the other
way round.

--
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without any
legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.