For any reason if H - B holder is not having pay stubs for 3 months , then will he consider as an illegal immigrant ? Can he opt for HOB transfer ? or is it better to file new HOB for him ?
It is not clear what you are asking, as there is no H-B or HOB visa in the US. If you are speaking about H-1Bs, not having pay stubs means USCIS will require that you obtain an H-1B visa stamp abroad after they approve the petition and before you can begin work.
Your employer needs to retain an experienced immigration lawyer to review all the facts, advise them, and handle the case. Your employer can find one through http://www.ailalawyer.com.
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