KAL VAKHARIA

Dear Sir/Ms,

One of my friends is working in U.S on H1-B since last 3 months.

His employer has not put my friend on the payroll.

means, his employer has not given any salary slip(Pay slip or pay stubs) yet.

Now he wants to transfer his H1-B to new company.

My question is:

Will INS allow him to transfer H1-B without any Pay-Slip of present company or not?

Awaiting your communication in the matter & thanking you.

[email protected]

Ingo

:

>Dear Sir/Ms,
>
> One of my friends is working in U.S on H1-B since last 3 months.
>
>His employer has not put my friend on the payroll.
>
>means, his employer has not given any salary slip(Pay slip or pay stubs) yet.
>
>Now he wants to transfer his H1-B to new company.
>
>My question is:
>
>Will INS allow him to transfer H1-B without any Pay-Slip of present company or not?

He waited a bit long, but, yes, INS can still allow it. Your friend needs to write a
(short!) letter explaining the situation. It is also a good idea to file a complaint with
Department of Labor; what the first employer did was illegal. DOL will recover the salary
for your friend, and more importantly, your friend can use the complaint filed with DOL as
evidence with INS that the employer indeed violated the law. That should strengthen his
case and make it even more likely for INS to excuse him.

Ingo

I am not a lawyer and this is not legal advice. For reliable advice, please consult with a
professional immigration attorney.

For further information, check the following frequently-requested links.

For many questions, you may find answers at http://travel.state.gov/visa_services.html
(Department of State)

or http://ins.usdoj.gov (INS).

For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html

For DOL Faxback status information: http://workforcesecurity.doleta.gov/

For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html

For information on entering the US as a K-1: http://www.k1poelist.com/

For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm

For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html

For non-official information, check:

(When using these sites, and any Web sites, please watch out for privacy, as I do not know
all site operators.)

http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.getusavisa.com
http://greencard-lottery.virtualave.net/ http://www.jcvisa.com (H-1B)
http://www.h1bresources.com (marriage and fiancee) http://www.kamya.com/misc/ (marriage
and fiancee) http://www2.apex.net/users/thehydes http://www.formshome.com
http://www.workpermit.com

This is not an endorsement of any of these Web sites. I am not affiliated with any of the
Web site owners and do not receive nor accept payment in return for listing them, and
typically don't even know them.

(if believe you have a good immigration-related Web site and want your Web site listed
here, please e-mail me).