Legal Question in Immigration Law in Hawaii

Re: questioin on h1b transfer

Your lawful presence in the U.S. could be confirmed only by your uninterrupted employment and the proof of such employment are paystubs from the previos employer. The risk you will take if you still file for the transfer to the new employer is to get into removal proceedings as a result of the denial of the transfer if USCIS will have enough proof of your unlawful presence. If you overstay your status for less than 180 days, you will not have a bar to return, if your new employer files the petition and you return to your country for Consular processing.

Re: questioin on h1b transfer

You may still file to transfer from your past employer to a new employer, and will not be subject to the cap count. However, if you do not have paystubs for the past month there is a risk that they will not grant "change of status" and you will need to depart the US and complete consular processing for the new H-1b. Please let me know if you would like assistance with the H-1b petition.

Re: questioin on h1b transfer

It is unlikely that USCIS will grant a change of status to you without showing them that you are being paid pursuant to the terms of your current H-1B. That said, you may be eligible to have another employer petition for you, but you would likely have to leave the country to obtain the H-1B visa.

If you have additional questions, please do not hesitate to contact me.