H1 Transfer (Initial 2 paystubs are missing)

[ashutosh.ahuja11]

I have H1B visa from Company ABC. Visa was approved on 04/29/2015 and first paystub received on 07/31 for payroll period 06/16/2015 - 07/15/2015. Technically I am, missing paystub from 05/1/2015 - 06/15/2015 (to be paid on 5/31 & 06/30). since then, I have all (3) pay stubs (July, August, September). Now another Company XYZ has filed my H1 transfer under premium processing and have given 3 latest pay stubs.

Question:

a. Will USCIS care about missing initial paystubs.
b. what are my chances of H1 transfer.
c. I know in general USCIS takes 15 calender days for premium processing, do you know what is their average time frame to approve H1 transfers at this time of the year.

[shervin143]

Will USCIS care about missing initial paystubs.
>>> Hard to say. usually 3 months of pay slips is enough to file the transfer.

What are my chances of H1 transfer.
>>> No one can predict your success rate. It depends on the documents your employer has submitted.

I know in general USCIS takes 15 calender days for premium processing, What is their average time frame to approve H1 transfers at this time of the year.
>>> If filed in premium process, then it can take anywhere between 1 to 15 days from the date of receipt notice.

[ashutosh.ahuja11]

H1 Transfer (Initial 2 months pay stubs missing)

@shervin143 - Thank you for help! Few more!

> From your experience and answering tons of H1B questions, do you know if USCIS usually check employment history as well ?

> Is there average time frame for premium processing during this time of the year.

> I am planning to go on leave from Company A and join B until my H1B transfer is approved. Once its approved, I'll resign from Company A. Is this illegal ? I won't be paid for the time from Company A after i join company B. (Will make sure no timesheets are submitted for A to avoid over lapping pay).

[shervin143]

> From your experience and answering tons of H1B questions, do you know if USCIS usually check employment history as well ?
>>> They go by the documents that you submit. If needed they will issue an RFE and ask for additional documents. They may also contact the employer or previous employers if needed.

> Is there average time frame for premium processing during this time of the year.
>>> Nope. It is anywhere between 1 - 15 days.

> I am planning to go on leave from Company A and join B until my H1B transfer is approved. Once its approved, I'll resign from Company A. Is this illegal ?
>>> You will go out of status on H1B. When you are in H1B status you should be working and getting paid. Being out of status can impact your future petition and visa stamping. If company A will pay you during our vacation, then it is okay. Alternatively, you can take off, but will have to leave the country. You cannot stay in U.S in H1B status without payslips.

I won't be paid for the time from Company A after i join company B. (Will make sure no timesheets are submitted for A to avoid over lapping pay
>>> Yep. That is important. You cannot get paid by two employers at the same time.