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H1 Transfer - No Pay stubs

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msganti

Junior Member
What is the name of your state? TX

My H1 was approved in Oct 2006. I could not come and join my employer due to family reasons. My passport was stamped by US Embassy in April 2007. I arrived here on 19th Aug 2007.

Now, I am getting some better offers from other employers. I applied for SSN on 13th Sep 2007 and awaiting it. I already informed current employer that I'll join him after getting SSN.

Now, if I apply for a H1 Transfer, what are the chances of getting it? do you think it will go for consular processing?
 


ImmigAttyLana

Senior Member
Most likely it will be approved for consular processing since you are not currently maintaining valid H-1B status by working for the original H-1B employer.
 

msganti

Junior Member
Most likely it will be approved for consular processing since you are not currently maintaining valid H-1B status by working for the original H-1B employer.
How can it be established that I am not working for my original employer? If it is lack of pay stubs, then I would say I cannot start work without a valid SSN and because I am yet to receive SSN, I haven't started working.
Please advice if I am wrong.
 

ImmigAttyLana

Senior Member
Yes, it is the absence of paycheck stubs and you CAN be working even if you do not have a SSN because you can be getting paid and the taxes can be withheld at the time you get the SSN. This happens all the time with many employers.
 

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