URGENT!!! H1 Transfer - No Pay Stubs - Revoke?

[annadedi]

What is the name of your state? CALIFORNIA

Friend's Scenario:

- H1 with Company A for several years
- H1 Transfer to Company B recently - regular processing - (no pay stubs with Company A for over 6 months) - no receipt number yet
- What are the chances of Company A now revoking the H1? (They are aware of the transfer to new company) How does a company revoke an H1? How long does it take for an H1 to be revoked?
- With H1 transfer to Company B having been filed recently (no receipt number yet)...what happens if Company A now revokes the H1?
- Heard that as long as H1 Transfer filed before H1 is revoked, it's fine. It this true? Does this mean once you file the H1 transfer it's ok, or once you get a receipt notice?
- Would it have been safer to do premium processing? Or would premium processing raise more questions regarding pay stubs? Would it be advisable to upgrade to premium processing?
- Hearing mixed answers from lawyers

Your advice would be appreciated!

 

[ImmigAttyLana]

I don't see how it would be approved as a transfer per se since you have no paycheck stubs and thus cannot prove you are maintaining valid H-1B status (because in fact you are not). It will be approved, if otherwise approvable, as consular processing approval and not as a transfer.

Company A can revoke its approval notice if that's what they want to do. They would need to notify the USCIS. How long it takes depends on the processing times at the USCIS for this revocation request to take effect.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[annadedi]

Thank you for your prompt response. Here are some further questions:

1) Do you know approx. what the processing times are for revocation requests? (Months, Weeks?)

2) Heard that once one receives their receipt number for an H1 Transfer, a request for revocation has no effect...is this true?

3) Would it help at all to upgrade to premium processing?

4) If their I-485 has been filed (less than 6 months)...would this cover a potential problem with the H1?

Your help is greatly appreciated!

 

[annadedi]

Re: ImmigAttyLana

Thank you for your prompt response. Here are some further questions:

1) Do you know approx. what the processing times are for revocation requests? (Months, Weeks?)

2) Heard that once one receives their receipt number for an H1 Transfer, a request for revocation has no effect...is this true?

3) Would it help at all to upgrade to premium processing?

4) If their I-485 has been filed (less than 6 months)...would this cover a potential problem with the H1?

Your help is greatly appreciated!

 

[ImmigAttyLana]

It should not be a problem even if they revoke the approval. If there is already a I-485 pending then there is no problem at all.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[annadedi]

Re: ImmigAttyLana

Thanks again for your response! Just to clarify, even if the H1 Transfer was filed a few days before the I-485...and the H1 gets revoked...there is no problem?

Thank you so much for your advice!

 

[ImmigAttyLana]

That's correct.

 

[annadedi]

Dear Lana,

On an H1 visa, can one get paid by 1099...or only by W2?

Thank you!

 

[ImmigAttyLana]

One has to be on payroll when on H-1B and W-2 is the right form for that. 1099 is for independent contractors and this is not permitted for H-1B holders.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[annadedi]

Re:

Dear Lana,

1) When reviewing the I-485 (currently pending), could they ever ask for pay stubs from before it was filed? Since no pay stubs for over six months before H1 Transfer...could that ever be a problem in adjusting status?

2) Would it help if Company B paid a salary greater than what's stated on the H1 Transfer until the end of the year, to make up for missing pay stubs?

Thank you for your advice.

 

[ImmigAttyLana]

It does not matter what company B pays you since that is not at all relevant to whether company A was paying you when they were supposed to be paying you. The USCIS can request copies of paychecks but I don't really see the point of them doing so. Don't try to anticipate things the USCIS might do and worry about them. Just deal with the issues at hand.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[annadedi]

Dear Lana,

Your responses are of great help.

1) When reviewing the I-485 (currently pending), could they ever request 2007 tax returns? What happens if they do, and it only shows salary for half the year? Would that be a problem?

2) Can a company pay you more than what's stated on your H1 application (ie - almost double)?

Thanks again for your kind advice.

 

[ImmigAttyLana]

If you are not the principal applicant on the I-485, then this is not an issue for you. Yes, of course a company can pay you more than what is stated on the petition.

 

[annadedi]

Thank you, Lana. Just wanted some clarification on your response:

1) For the principal applicant on the I-485...once the I-485 is filed, could the USCIS request the 2007 tax returns of the principal applicant? What happens if they do, and it only shows salary for half the year? Would that be a problem?

Your advice is greatly appreciated!

 

[ImmigAttyLana]

Well, if there is more than just the principal applicant, the latest tax return is required anyway for the purposes of the affidavit of support on behalf of the derivative applicants.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.