Is it safe to apply for H1B visa transfer with with a pay stub that is 4 months old?

I was a contractor with company A until 4 months ago and I planned for a vacation of 45 days out of US. When I returned, my employer notified me about my contract termination due to unforeseen reasons (the client ended the job). Until today my employer was unable to find me a new job so it has been 4 months with no pay stubs. All my interviews so far have been unsuccessful.

Asked on May 28, 2012 under Immigration Law, Texas


SB, Member, California / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If your paystub is 4 months old, you will most likely not get a H-1B transfer but it will be a H-1B approval (if otherwise approvable) with consular processing.  That simply means that you will need to go back to your country after your H-1B is approved and get a new H-1B visa in your passport based on this approval notice and reenter the US thereby activating the H-1B status.  If you already have a valid H-1B visa, even if obtained through a prior employer, you will need to depart the US and reenter with that valid visa and the new  H-1B approval notice.

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