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Background:
My current understanding is early this year, my present company split into two companies: X and Y. X is my current H1B Holder. Note: now two companies are totally independent now.
I recently noticed that there is a change in the company's name in my pay stubs while preparing the documentation the H1B Visa transfer. The pay stubs until March of this year are having X (who is my current H1B visa holder) and the company name in the recent pay stubs changed to Y.
I asked the clarification from my HR team from company X today about this issue for H1B visa transfer and this is the response from them.
''USCIS and employment law describes the employer as the entity controlling the work and not necessarily the one signing the pay check but yes it is hard to explain them their own concepts at times. One way out is to show an agreement with company Y to process your payroll but day to day control over the duties performed and the performance assessment and evaluation was retained by company X. Please consult with your legal team processing your transfer and if they feel its necessary, please let me know and I will send an agreement.''
My question is will it be a problem for H1B Visa transfer and potential violations? Anyone faced similar scenarios and how did you resolve those issues during H1B Transfer.
My current understanding is early this year, my present company split into two companies: X and Y. X is my current H1B Holder. Note: now two companies are totally independent now.
I recently noticed that there is a change in the company's name in my pay stubs while preparing the documentation the H1B Visa transfer. The pay stubs until March of this year are having X (who is my current H1B visa holder) and the company name in the recent pay stubs changed to Y.
I asked the clarification from my HR team from company X today about this issue for H1B visa transfer and this is the response from them.
''USCIS and employment law describes the employer as the entity controlling the work and not necessarily the one signing the pay check but yes it is hard to explain them their own concepts at times. One way out is to show an agreement with company Y to process your payroll but day to day control over the duties performed and the performance assessment and evaluation was retained by company X. Please consult with your legal team processing your transfer and if they feel its necessary, please let me know and I will send an agreement.''
My question is will it be a problem for H1B Visa transfer and potential violations? Anyone faced similar scenarios and how did you resolve those issues during H1B Transfer.
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