H1B transfer issue with Payslip

Hi Anil,

Hope you are doing good

I have a contract position in hand and looking to transfer my H1B to another company. My current company did not pay me from 6/1/2019 to 6/15/2019 but they paid me for the period 6/16/2019 to 6/30/2019 erroneously and provided a letter to consider 6/16/2019 to 6/30/2019 pay as 6/1/2019 to 6/15/2019.
Now they cannot provide me 6/16/2019 to 6/30/2019 pay as they cannot run the same pay period twice. Also they cannot provide me 6/1/2019 to 6/15/2019 as the pay period is already closed.
Will it be OK to not provide the one semi month payslip for the month of June while going for H1B Transfer ?

Any suggestions appreciated.

Last 3 pay stubs are required to prove that you maintained the H1B status.

I am afraid you will get an RFE to prove the status and submit the missing payslip.

This is very common. 1. Ask employer to strike pay period on pay stub, write the actual pay period and sign on the stub. 2. Get a letter from the employer with details as an evidence for such corrections.

Submit to your new Employer/Attorney, you should be fine.

Thanks alot for the suggestions.

Actually my issue is as follows:

  1. I was working for Company A as a Fulltime employee and was terminated on May 31st 2019. Company A gave me the termination letter which stated the last date as May 31st 2019 and the final settlement payslip should be given with 6/15/2019 dated(6/1 -6/15) but somehow payslip was stated from 6/16/2019 - 6/30/2019 for which they gave a letter which i explained above

  2. I got a new job and planning to transfer my H1b visa to Company B. They have requested to get a Withdrawal notice from Company A to start the H1b transfer process.

When i checked with my Company A, they told that they havenot sent the withdrawal notice yet and they can send it today to USCIS so that my grace period will start from today. I have requested my Company A to hold the withdrawal process so that i can start my H1b transfer normally without any grace period and they agreed for it.

Now the problem is , I need latest payslip (6/15 - 6/30) to submit for my H1b transfer but my Company A will not provide the payslips as i’m not working with them currently. My Company B is saying that it should not be a problem for h1b transfer without the last latest payslip.

I’m really worried now how to proceed in this situation.

  1. Can i ask my employer to strike the pay period and mention the dates from 6/1 - 6/30 as a single payslip, will that work as previous months payslips are biweekly.
  2. Can i ask them to strike the Payslip dates , mention the dates 6/1-6/15 and then submit this striked payslip along with letter and the original one which i got with dated 6/15-6/30. Both the payslips will have same amount , is this fine?
  3. If i ask my employer to withdraw the H1b now , Will i still need the latest payslip for h1b transfer?
  4. do we need to ask them to mention the terminated date as May 31st 2019 and then send withdrawal notice to USCIS, will USCIS consider grace period from June 1st?
  5. If i submit the documents without last payslip and if i get RFE how should i address that

Please provide your suggestions

Hi @Dan_Nandan

Her employer has not given her salary for 2 weeks meaning that they probably did not ran payroll for her or are intentionally holding the pay.

Hi @Sana

You need to understand that your 60 day grace period starts on the day you employer terminates you and not when they send the withdrawal letter to USCIS.

If you are not working right now, your payroll is not running and it means that you are ‘Out of status’ automatically.

Missing 1 pay period means that your employer has violated the H1B terms. I am pretty sure that your employer would have not missed the payroll.

They have probably ran the payroll but have not paid you the salary somehow. Not paying an H1B employee is a serious violation.

You need to know your rights to act sensibly and then take the next step.

If you do not understand all this jargon, it is my suggestion that you contact an attorney and then move forward. You will be in serious trouble if you just keep hovering here and there without knowing your current status.