H1b transfer (fired)

[lfcunha]

Hello all, please give me some advice on the following scenario:

my friend is on 5th year H1b and she got fired from her job last March. She has remained in the US unemployed for this past few months while looking for a new job. She now found a company that wants to hire her, but the visa transfer requires recent pay stubs.

She has asked the previous boss to issue a couple of pay stubs, however, he is not willing to do so (he claim his lawyer does not recommend it).

My question is, will she be able to transfer the visa to this new company if she sends pay stubs from last March, clearly demonstrating a GAP between jobs?



Thank you in advance,

Luis

[topcatin]

By law he should give her pay-stubs.

[lfcunha]

She has the pay stubs for the last month she was working there (March), but after that she was fired, therefore she cant have pay stubs for April-now.

[lfcunha]

So, does anyone know if the 3 month gap between jobs will be a problem for getting the H1b visa transfered?

[yesnathan]

Yes...she can not do transfer now. She is of status now. i.e. she is staying illegaly