H1 transfer with w2 and no paystub???

[vin15]

Hi,

I got my H1 approved on October 2010 and I am working from november. My employer is not willing to give me my pay stub. I will get my W2 from him this January. What will happen if I now transfer my H1 to a good company in Jan?Can I do it with H1B copy, I will have the copy of pay checks received from him and also W2. Any help is appreciated.

Thanks.

[shervin143]

Are your currently working and getting paid? If your employer is not providing you the pay slips, then how will you manage to get the copies of the same?

If you are currently working and getting paid (Maintaining the H1B status), then you can transfer your H1B to any new employer with the copy of the existing approval notice and copies of the pay slips.

[kkinusa]

There is no such thing as a H1B transfer. The new company is applying for a new H1B for you. You dont need copies of existing H1B for that. However, your employer MUST provide you with pay slips, W2 and all other documentation related to your compensation.

[vin15]

I am working and I got a pay check from employer and not a payslip. Is that sufficient?I will also get W2 for the two months I worked.

[shervin143]

How do you know what your break-ups are? I mean, how much you pay for for fedral, state and social security taxes and stuff like that? If you are just getting a check for the past two months, then how would anyone know whether it is for the work that you are doing or some loan that is getting repaid to you.

Btw, you were on H1B starting October 1st 2010? In which case, you should have 3 months of pay slips and your W2 should reflect the same. If you are not paid for the month of October (No project or whatever may be the reason), then you are out of status on October and that can cause issues.

File a complaint to DOL and make this employer pay you for the month of October. They are suppose to give you a pay slip every month for your records. H1B transfer with a copy of the complaint to DOL will work.

I am working and I got a pay check from employer and not a payslip. Is that sufficient?I will also get W2 for the two months I worked.

[vin15]

My employer got a leave of absence form from me as I didnt get SSN for month of October. Also he is very sure that he will not give the paystubs to me. Will paycheck and W2 will work ? Since I hope I will get my W2 by end of this year.

[shervin143]

Well, you can definetely give it a try. It might work. First of all the new employer who is filing your H1B transfer should be in a position to accept copies of checks instead of pay slips to proceed with the transfer.

My employer got a leave of absence form from me as I didnt get SSN for month of October. Also he is very sure that he will not give the paystubs to me. Will paycheck and W2 will work ? Since I hope I will get my W2 by end of this year.