Questions on H1 B transfer

[smriti]

Hi,

I am in H1-B visa from Jan 08 working for company A.Actually my project with the client got over by end of April. And i got offer in company B and company B is planning to do H1 transfer.So Company B is asking me recent paystubs for month of June'08. But i dont have the paystubs for June.Company A provided me the employment verification letter stating that i am active employee of company A and i am getting this much annual salary.

But still company B is saying that without paystub

"USCIS does not approve it as a change of employer, but still company B H-1B petition can be approved, however, the approval will not automatically give me work authorization to begin employment. I need to take the approval notice, exit the US, apply for an H-1B visa at a US consulate or embassy (if I don't already have a visa), and return to the US in H-1B status in order to begin employment. "

My questions are

1,Without recent paystub (I do have paystub till April end with company A) is there any way can i transfer my H1-B visa to company B.

2.In case if the transfer is not approved will company B petition get approved???In this situation do i need to get H1 B visa stamped again or just exit US and enter in with the previous stamped H1B visa...

3. what would be the best way to deal this situation. Any letter from company A( stating that I was on vacation on those period) would solve the pay stub issue.. ?
Appreciate your help.........

Thanks,
Smriti

[txh1b]

1. Not possible as you are out of status. Has to be CP like your employer suggested.
2. Two school of thoughts here. One is you were out of status but were not illegally present past I-94 date, so you can use your existing visa. One is to get a new visa.
3. Complain to DOL against your employer as it is illegal to not pay H1b employees. Search the forum for Neufield memo and that has provisions for transfer if you complained.