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What are the documents for H1 transfer? How many pay slips are needed?

Baltimore, MD |

I joined the company on October 21 and I worked for them for two days and took leave , will that be an issue for H1 transfer? I have only two days pay slip, is it okay to submit that for h1 transfer? Will they reject my H1 transfer?

Attorney Answers 4

Posted

You are to maintain status at all time during your stay in the U.S. Pay stubs are evidence of this.

This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.

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Posted

Thanks for the advice.

Posted

You must be invalid H-1B status at the time of requesting a "transfer". You could run into problems should USC a request proof of your having been in status at the time of the transfer application. Two days worth of pay stubs are nearly not enough to prove this.

Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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Thanks for the reply.

Posted

I agree. Your status must be valid.

The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.

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Posted

Okay . Thanks.

Posted

If you have only worked for your original employer for two days or you are going to get paid more, then you can file for transfer, however you H1-b is not valid if you are out of work. You should submit an employer letter to confirm your current employment in your transfer application. I think you and your company should consult with an attorney before taking any action. It is possible that your company is in violation of its duties as well.

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