Need Help H1B transfer

[vinodan]

Hi

This is Vinod, I had come to US in August on H1B through a Desi consultant(NJ), and I have been on bench till now , he is not paying me any thing (no pay stubs) , can I transfer my H1B to any other consulting company with out my pay stubs and if I say to INS that my consultant was not paying any money in that case does INS allow H1 transfer?

I plan to go to CA and stay with my friends and then apply for transfer of H1 through my friend ,

Is there any other way to transfer H1?

[DMX17]

On H1, the employer must pay you all the time, project or not. It's USCIS and not INS. USCIS does not approve H1 when you tell them that your consultant did not pay you. You are out of status since you are not getting paid. To transfer your H1, you must be in status.

NJ consultants do have bad reputation for not paying their emplyees. You need to get paid. Complain to Department of Labor (DOL) on WH4. They will make them pay.

Recent pay stubs are required to transfer H1. Pay stubs prove that you maintained your status by working and getting paid. You also need to have W2 for last year.