Regarding 3 months' pay stub for H1B transfer.

[zuberi]

I've been working at my own startup company under an H1B visa for about 3 years. We were well capitalized at the beginning so were able to convince the approval of the visa. However, as lots of startups do, our business model eventually didn't work out. We've been trying really hard to get the business back on track, but it has not working out, and people moved on. Soon I plan to close shop and move on to getting a job at another U.S. company. I don't expect to have much trouble getting a job, but I have run into an obstacle and wanted to ask here:

My plan was to get a job somewhere and transfer my existing H1b as soon as possible. However while going through the required documents, I found out that I need to submit my last 3 months pay stub. The thing is, since we have been struggling for a while now, we haven't been paying ourselves for a while. The last 3 months pay stub would be from last year! We were just trying to make the company work, and I hope I don't get punished for trying! Anyway, what would be the best thing to do in my case? I have full authority over the company so I can do whatever is possible. Please help. Thank you!

[mickey_mouse]

I've been working at my own startup company under an H1B visa for about 3 years. We were well capitalized at the beginning so were able to convince the approval of the visa. However, as lots of startups do, our business model eventually didn't work out. We've been trying really hard to get the business back on track, but it has not working out, and people moved on. Soon I plan to close shop and move on to getting a job at another U.S. company. I don't expect to have much trouble getting a job, but I have run into an obstacle and wanted to ask here:

My plan was to get a job somewhere and transfer my existing H1b as soon as possible. However while going through the required documents, I found out that I need to submit my last 3 months pay stub. The thing is, since we have been struggling for a while now, we haven't been paying ourselves for a while. The last 3 months pay stub would be from last year! We were just trying to make the company work, and I hope I don't get punished for trying! Anyway, what would be the best thing to do in my case? I have full authority over the company so I can do whatever is possible. Please help. Thank you!

You have to be working and being paid to remain in status. So basically you have been out of status since the last paycheck. And making up documents (ie: checks) to pretend you've been paid would be fraud - not to mention you will also commit fraud next year when filing taxes.

Get a good immigration attorney, but you're basically SOL.

[happybuddha]

Get a good immigration attorney, but you're basically SOL.

In addition to what mickey* said, you do not require three months of pay stubs. Only the last two are required. That was what was asked of me when I transferred my H1.
And if you haven't generated/filed your W2s the right way, boy, sooner or later, the IRS folks will get you. I know of so many Asians who were audited and are now paying penalties with interest (ranging to some thousands of dollars) for tweaking their returns 'just a little bit' to get a couple of hundred dollars more.