No, it is generally not possible to file a new H-1B petition with another employer without recent pay stubs, as they are crucial for demonstrating your maintenance of legal status.
While the term "H-1B transfer" is commonly used, it's a misconception. An H-1B visa cannot be simply transferred. Instead, your new employer must file a completely new H-1B petition with U.S. Citizenship and Immigration Services (USCIS) on your behalf.
The Importance of Proving Status
A critical requirement for this new H-1B petition, particularly when seeking an extension of status within the United States, is demonstrating that you have maintained lawful H-1B status at the time of filing. This proof of maintaining status is a fundamental prerequisite for the new petition to be approved and for you to continue working legally.
Why Pay Stubs Are Essential Evidence
Recent pay stubs serve as primary and compelling evidence that you have been continuously employed and have maintained your H-1B nonimmigrant status. They indicate:
- Active Employment: Pay stubs show that you have been on payroll and actively working for your current H-1B sponsoring employer.
- Compliance with H-1B Regulations: They help verify that you have been paid the prevailing wage or the actual wage, whichever is higher, as required by H-1B regulations.
- Maintenance of Status: By demonstrating continuous, lawful employment, pay stubs provide concrete proof that you have not fallen out of H-1B status (e.g., due to unauthorized employment, a long period of unemployment, or a significant change in job duties without a new petition).
Challenges Without Pay Stubs
Without recent pay stubs, it becomes exceedingly difficult to satisfy the USCIS requirement of proving that you have maintained your H-1B status. While other forms of evidence might theoretically exist (like employment verification letters, bank statements showing salary deposits, or tax documents), pay stubs are the most direct, commonly accepted, and straightforward evidence. Lacking them can raise serious questions about your status and significantly jeopardize the approval of your new H-1B petition.
Key Considerations for a New H-1B Petition
- New Petition, Not a Transfer: Understand that your new employer is filing a completely new H-1B petition on your behalf.
- Status Maintenance is Key: Your ability to demonstrate continuous, lawful status is paramount.
- Evidence is Crucial: Recent pay stubs are the standard and most effective way to provide this evidence.
Therefore, ensuring you have a complete record of your recent pay stubs is vital for a smooth transition to a new H-1B employer.
