Can an H1B visa betransfered within 3 months of approval notice and without pay stubs?

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Can an H1B visa betransfered within 3 months of approval notice and without pay stubs?

I got my H1B approved 2 months ago and recently I got a full-time opportunity in a firm. They are willing to transfer the visa. I do not have the pay stubs. Can the transfer happen without any issues?

Asked on February 14, 2012 under Immigration Law, Massachusetts

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In order to be eligible for a transfer of your status, you need to prove that you are IN status.  The way you normally do that is by showing paycheck stubs from the current employer.  If you do not have any, you might be out of status and would, therefore, not be eligible for a transfer of status.  However, if you are working and being paid but somehow do not have paycheck stubs, you can also get a letter from your current employer verifying your employment and you can present that as proof of your status for the transfer petition.  If that is also not the case, your new employer's petition on your behalf might still be approved, if otherwise approvable, but it would be for consular processing and not as a transfer of status. 


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