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H1B Transfer - No W2

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  • H1B Transfer - No W2

    Hi,

    I needed some information regarding changing Employers while on a H1B status. First I would like to give a little background.

    I came to the US in Oct 2004 on a H1B, but did not start working until March 05. This was due to my inability to prevail on my employer and my employers’ incompetence to get me on a project. As a result I did not earn anything for the first 6 months of my stay in this country and did not pay any taxes for Oct’04 – Dec’04 (no W2 for 2004). I started working since Mar’05 because of my own efforts. But again because of my employer’s theory that he will pay me only after the client pays. I got my first paycheck only in May’05. This means I have received only 2 paychecks as of date. And I can’t expect my 3rd paycheck until the 2nd week of July.

    Because of all these problems I wanted to change employers. My doubts are that would it be a problem if I change employers within a year of coming into the country on a H1B and not paying any taxes for the first 6 months of being on a H1B status. And would the paychecks and the W2 or the lack thereof be a problem while changing employers. How many paychecks would be enough for INS to be satisfied without rejecting my application. I want to be absolutely sure that the existing H1B will not be cancelled and me deported as a result of all this problems I have been facing with my employer. What are the chances of the H1B transfer being rejected as a result of my not working and not paying taxes for the first 6 months

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