H1-B Transfer issue

[GenerationX]

Hi All,
I am working for a consulting company and have recently got offer from another non-consulting company.

The new company is asking for last 3 months paystub and "Evidence" of employer-employee relationship for filing my H1-B.

My queries:
1. I do not have pay stub for 1st 2-weeks of Jan 2010. I have all other pay-stubs from there on. How many pay-stubs are actually needed?

2. I came to US in October 2009. Will that be an issue, as I think you need to work for considerable time for your employer before "transferring". What considerable time means?

3. How important is "Evidence"? As I do not had any interaction with my consultant regarding what I do at my client's place. My consultant and client both have offices in the same county in the US.
I have possibility of delaying my transfer, as the new company is willing to delay transfer for 1 month as well. So what all can constitute "Evidence"?

Your replies are highly valued.

Thanks.

[milda]

Hi All,
I am working for a consulting company and have recently got offer from another non-consulting company.

The new company is asking for last 3 months paystub and "Evidence" of employer-employee relationship for filing my H1-B.

My queries:
1. I do not have pay stub for 1st 2-weeks of Jan 2010. I have all other pay-stubs from there on. How many pay-stubs are actually needed?
Legally, you shouldn't be without pay for a single day once you are in US on h1b. Normally to transfer the h1b, as per my knowledge only recent 2 months paystubs are necessary. But some employers are asking for more than that. Check with the new employers attorney, actually how many they want and if they want more then why they want?

2. I came to US in October 2009. Will that be an issue, as I think you need to work for considerable time for your employer before "transferring". What considerable time means?
There is no considerable time. You can transfer any time.

3. How important is "Evidence"? As I do not had any interaction with my consultant regarding what I do at my client's place. My consultant and client both have offices in the same county in the US.
I have possibility of delaying my transfer, as the new company is willing to delay transfer for 1 month as well. So what all can constitute "Evidence"?
Here, why the new employer is asking about Evidence? Whatever evidence is require, while transferring the h1 to them, they need to provide. Tell them, that the old employer is done with his h1, now you are holding new h1, so USCIS will ask Evidence from you [means new employer], not from past employer.

Your replies are highly valued.

Thanks.

[Note:- I am sharing my views, contact your attorney for the best advice.]

[GenerationX]

Thanks for the response.

So in your view no "evidence" from current employer is needed to transfer the visa to prospective employer?

About the pay-stub, what I knew was that we need last 3 pay-stubs. Isnt that true?

[milda]

So in your view no "evidence" from current employer is needed to transfer the visa to prospective employer?
No.

About the pay-stub, what I knew was that we need last 3 pay-stubs. Isnt that true?
Read this link:

https://www.immihelp.com/h1-visa-transfer/

This link also says 2 or 3. So, ask the new employer, why can't they proceed with only 2 ??