Niraj

I got laid off in May 2001. I joined a consulting firm in Jul 2001 and transferred my visa. I have been on the bench ever since and I have not received any paycheques from that firm. Last week I got a fulltime offer from another company and they want to transfer my visa. But I don't have any paycheques from the consulting firm nor are they willing to give me an experience letter. So what do I do about the paystubs and can I transfer my visa without the pay-stubs??

--Niraj

Melinda Mackenz

If you are not receiving paycheques then aren't you technically out of status?
I thought that if a company sponsors you then they have to pay you or your H1B
is invalid?

"Niraj" <[email protected]> wrote in message
news:[email protected]...
    > I got laid off in May 2001. I joined a consulting firm in Jul 2001 and transferred
    > my visa. I have been on the bench ever since and I have not received any paycheques
    > from that firm. Last week I got a fulltime offer from another company and they want
    > to transfer my visa. But I don't have any paycheques from the consulting firm nor
    > are they willing to give me an experience letter. So what do I do about the
    > paystubs and can I transfer my visa without the pay-stubs??
    >
    > --Niraj
    >
    >
    >
    > --
    > Posted via http://britishexpats.com

Niraj

So should I tell the new company to apply for a new H-1 and then go out of the country to get the H-1 stamp once the approval comes?? Also, I have heard cases in which if you file for a H-1 transfer without recent pay-stubs then INS gives you the H-1B approval but it won't issue the I-94 saying that you have to go out of the country for getting that...

--Niraj

Ingo Pakleppa

You should ask the new company to hire an immigration attorney and let the attorney
guide you.

Also, you should file a complaint with Department of Labor about the old employer
because benching you was illegal; DOL will recover your salary plus a fine from the
old employer.

Ingo

On 12 Mar 2002 13:03:08 -0600, Niraj <[email protected]> wrote:

    >So should I tell the new company to apply for a new H-1 and then go out of the
    >country to get the H-1 stamp once the approval comes?? Also, I have heard cases in
    >which if you file for a H-1 transfer without recent pay-stubs then INS gives you the
    >H-1B approval but it won't issue the I-94 saying that you have to go out of the
    >country for getting that...
    >
    >--Niraj
    >
    >
    >
    >--
    >Posted via http://britishexpats.com

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.richw.org/dualcit/
(dual citizenship FAQ) http://www.ilw.com/pederson/visa.htm (dual citizenship info)
http://www.srs-usvisa.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).