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H1-B Transfer Help

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prq20

Junior Member
What is the name of your state? CA

I was sponsored by company A, changing my status from F-1 to H1-B w.e.f Oct 1 2004. I was asked by the company A to pay them in advance the H1 processing fee which will be reimbursed to me once they put me on a project, which I paid as directed. I got an approval for H1, which they sent to me with a new I94. On Oct 22-23 they asked me to pay them the amount of my tax as they want to process my payroll for the month of Oct and I will make that money once I get a project. I did that via a money order.

In Nov, I asked them to send me the paystub for Oct and a copy of my LCA and related documents 2-3 times which I did not receive. A week ago they asked me to send them the employer taxes, and a balance (they added some more money on the previously stated amount after consulting with their CPA) on my previously paid tax and they will only then send me the documents, paystubs which I did again but have not received anything.

I have been offered by company B to join them and they will put me on a project at hand but for that they need all those documents from company A.

Company A is in east coast, B in Texas, and I reside in CA.

My question is, what are my options to get those documents and a paystub from them without affecting my status, when can I join company B? How can company A harm me and how can I prevent it.
 
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ImmigAttyLana

Senior Member
Why were you paying them taxes if you were not getting paid by them? If there are no paystubs, it is unlikely that you'll be able to do a transfer with company B without need for consular processing.

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

prq20

Junior Member
H1-B Transfer.

Thanks for the reply.

As I am new to the situation, I was not sure what to do as the company A is my sponsor and they can cancel my status, for which I am not ready as I have worked hard and paid to Universities to get the Degrees. According to company A, it is a requirement for me to pay taxes and if I don't do that, I will be out of status.

What are my options now?
 

ImmigAttyLana

Senior Member
Yes, it is true that you have to pay taxes but for that you also need to be getting paid and the taxes are automatically withdrawn/withheld by the employer as part of the salary process. You do not pay the taxes separately and then not get paid for being employed by the company.

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

prq20

Junior Member
Thankyou Very Much

Dear Lana, Thank you very much for your advice. I will contact you later if I need further assistance. Thanks again
 

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