H1 Transfer without a single Paystubs while in US and no clue of Payroll/Tax Status

[ikasnoor]

Hi Respected immihelp Members,

My employer filed my H1B and it was approved in Oct 2015 with one year validity and I landed in US two months back and my visa will expire in 5 months.

My employer is in the same city, and I am facing lot of troubles in finding jobs (mainly because of the C2C constraint) as my employer don't have clients, don't have marketing team and don't even marketing my profile.

I don't have any hopes on my employer that I will get interview calls/marketing through him as I haven't got a single interview call in last 2 months.

So I am doing marketing myself but main problem is C2C constraint.

I do have my petition, but no work so no pay stubs from last 2 months (from the first day of landing in US) with my current employer. Even I am not sure whether my employer is running my payroll and no clue about my status.

Can you please advice me:
------------------------
1) Can I transfer my H1 to any employer local or to ANY OTHER STATE, that too WITHOUT A SINGLE PAY STUBS (As my employer denied to give the pay stubs to me and no clue of whether running Payroll/tax?

2) Is there any chances are there that my current employer can ruin my H1 Visa and send back to India from US?

3) Safe approach & solution in my case?

Thanks in advance for your valuable help and guidance.


Please guide me.

Thank You So much!!

P.S: I will apologize if I resposted on the same topic

[raghvi]

Hi Respected immihelp Members,

My employer filed my H1B and it was approved in Oct 2015 with one year validity and I landed in US two months back and my visa will expire in 5 months.

My employer is in the same city, and I am facing lot of troubles in finding jobs (mainly because of the C2C constraint) as my employer don't have clients, don't have marketing team and don't even marketing my profile.

I don't have any hopes on my employer that I will get interview calls/marketing through him as I haven't got a single interview call in last 2 months.

So I am doing marketing myself but main problem is C2C constraint.

I do have my petition, but no work so no pay stubs from last 2 months (from the first day of landing in US) with my current employer. Even I am not sure whether my employer is running my payroll and no clue about my status.

Can you please advice me:
------------------------
1) Can I transfer my H1 to any employer local or to ANY OTHER STATE, that too WITHOUT A SINGLE PAY STUBS (As my employer denied to give the pay stubs to me and no clue of whether running Payroll/tax?

2) Is there any chances are there that my current employer can ruin my H1 Visa and send back to India from US?

3) Safe approach & solution in my case?

Thanks in advance for your valuable help and guidance.


Please guide me.

Thank You So much!!

P.S: I will apologize if I resposted on the same topic

You are basically out of status currently. There is no C2C option for H1 holders, while on H1 you have to be on W2. Your employer legally bound to run your payroll and if they dont, you can complain to DOL.

1. Without paystubs you are out of status and any subsequent transfer or COS will most likely not be approved with a valid I-94.
2. Well they can always withdraw the petition and ask you to leave.
3. There is no straight forward solution to the case as getting involved with such an employer itself was a wrong decision.

What you should be trying is to find a genuine employer to whom you can transfer the H1 to and then leave US, and re enter on the new employer's petition.

This is my opinion not legal advice.