Pay Stubs for H-1B Transfer: The Truth About Requirements

You can use pay stubs for an H-1B transfer since they are proof that you’re already in status at the time of filing. While pay stubs aren’t mandatory for the process, they are one of the easiest and best documents to use.

In this article, we’ll explore why pay stubs are required for H-1B transfer and what purpose they serve. We’ll detail additional documentation that you’ll need and provide an alternative for when you can’t obtain the necessary pay stubs. Let’s jump right in!

Key Takeaways

• While pay stubs aren’t always mandatory for an H-1B transfer, they are an essential component in proving your legal and employment status.
• Having at least two or three of your most recent pay stubs is the best way to prove your status to the USCIS.
• Additional documentation for an H-1B transfer varies between individuals and includes the beneficiary’s documentation, employer-specific documents, and specialized documentation for complex cases.
• Alternative documentation to use when pay stubs aren’t available includes employment verification letters, Form W-2, Form 1040, and bank statements.
• You can use our pay stub generator to create professional and regulatory-compliant pay stubs in minutes.

Are Pay Stubs Required for H-1B Transfer?

Pay stubs are an essential component required for an H-1B transfer. While they aren’t always mandatory, and sometimes you can perform a transfer without them, they are used by the USCIS (U.S. Citizenship and Immigration Services) to verify your legal and employment status, and more.

Official USCIS Requirements for H-1B Transfers

While USCIS doesn’t have a single comprehensive H-1B visa transfer checklist of requirements, they can be derived from Form I-129, Petition for a Nonimmigrant Worker. The requirements revolve around your ability to prove that you’re eligible for the transfer.

It’s important to note that an H-1B visa itself can’t be transferred. Instead, the “transfer” involves you moving to another employer, whereas that employer files a new H-1B petition to extend your visa.

Some of the essential H-1B transfer documents you need:

• Proof that your current H-1B visa is valid.
• A DOL-certified Labor Condition Application (LCA) for the new position.
• A job offer from the new employer (typically as a detailed letter).
• Evidence of your qualifications and experience necessary for the job (e.g., a degree).
• Information about the business that is filing a petition.

The Role of Pay Stubs in Proving Legal Status

Pay stubs play a vital role in proving your legal status and showing that your employment has been under the H-1B visa. They are concrete proof that you’re “in status” at the moment the new employer files for an H-1B extension.

This is essential, as changing employers with an H-1B visa requires you to have a nonimmigrant status in the United States. By having detailed pay stubs for immigration and validation purposes, you’ll be able to confirm your employment history and expedite an H-1B transfer.

How Many Pay Stubs Do You Actually Need?

In general, you should have the two or three most recent pay stubs. It’s critical for them to be recent, as USCIS needs proof of your current status and employment.

Ideally, your pay stubs should be from the pay periods immediately before you file for an H-1B transfer. For instance, if you’re paid on a monthly basis, two pay stubs are usually enough. If you’re paid bi-weekly, two or three pay stubs should cover your last 4–6 weeks of employment, providing sufficient proof.

Understanding H-1B Transfer Documentation Requirements

In addition to pay stub requirements for an H-1B transfer, there are other documents that you need to file. Let’s see what they are.

Essential Documents Beyond Pay Stubs

H-1B transfer documentation beyond pay stubs includes the following:

• I-797 approval notice, which is a copy of a previous petition for an H-1B visa.
• Valid passport.
• Copy of your H-1B visa stamp.
• I-94 record of your arrival and departure.
• Relevant education credentials, such as your degrees, diplomas, and other academic documentation that proves you have the necessary qualifications to do the job.
• Copy of your Social Security Card (if applicable).
• Your resume, detailing your skills and experiences.

Employer-Specific Documentation Package

The employer must also provide certain documents when filing for an H-1B visa extension for a transferring employee. These documents include:

• Form I-129, Petition for a Nonimmigrant Worker. This is the main document to file and the core form for an H-1B visa transfer.

• Certified Labor Condition Application (LCA). This document is filed with the Department of Labor, and it emphasizes compliance with wage and labor laws.

• Detailed job offer. This should be a formal letter signed by the employer that outlines the job title, duties, terms, and other relevant information about the position.

• Information about the company. An employer needs to show that their company is legitimate, especially if it’s a new or small business. Some of the documents to consider include financial statements, annual reports, marketing materials, etc.

• Employer Identification Number and documentation that proves it.

Personal Documentation for the Beneficiary

Most of the personal documentation for the beneficiary overlaps with the essential documents, including:

• Copies of previous I-797.
• Copies of U.S. visa stamps in your passport.
• If applicable, you may also be required to submit the following documentation:
• Copy of the entry stamp for when you first entered the U.S. in H-1B or L-1 status.
• Copies of I-20 for former F-1 students
• Copies of DS-2019 for former J-1 visitors.

Specialized Documentation for Complex Cases

For particularly complex cases, you might need additional documentation, such as:

• Third-party client site placement documentation. Documents like contracts and purchase orders can be proof of an employer-employee relationship.

• Documents explaining gaps in employment. If you had employment gaps or status issues that have been resolved, you need to prepare supporting documentation that clearly explains the situation.

• Copy of approved Form I-140. This allows beneficiaries to transfer their H-1B visa even after surpassing the 6-year limit.

Alternative Documentation When Pay Stubs Aren't Available

In some cases, you might not have pay stubs available for your H-1B transfer process. Fortunately, there are other documents you can use instead, such as:

• Employment verification letter. These are formal letters signed by employers that confirm your employment dates, job title, work responsibilities, salary, and more. They are also used as proof that you’ve been diligent in maintaining your H-1B status, making them perfect for an H-1B transfer without pay stubs.

• Form W-2 and Form 1040. Copies of your Form W-2, Wage and Tax Statement, and Form 1040, U.S. Individual Income Tax Return, show your earnings and prove your employment status. They can help you comply with H-1B visa pay stub rules without having actual pay stubs.

• Bank statements. Bank statements that highlight a clear pattern of direct and regular deposits from your H-1B employer can help verify employment. However, it’s important to note that they aren’t as strong evidence as Form W-2 or pay stubs, and they should be used as additional documentation, not your main evidence.

Finally, you should be able to provide clear and substantial evidence as to why you can’t obtain pay stubs. This will help you cover all your bases, strengthen your case, and maximize your chances of success by filing alternative documentation.

Paystub.org: Seamless Pay Stub Generator

If you want to create professional pay stubs for an H-1B transfer and ensure compliance with relevant laws and regulations without spending much time or effort, you can use our pay stub generator.

We designed a robust platform with user-friendly commands and features that allow you to craft pay stubs in minutes. Here’s a step-by-step guide on how to use it:

• Select a pay stub generator from our website’s main page (you can also use our Form W-2 generator or Form 1099 generator, if you need additional documentation).

• Pick a template that aligns with your needs and your business operations.

• Fill in the payment, company, and employee information sections by following our tool’s suggestions.

• Complete the earnings statement and leverage our built-in calculator to verify income and deductions.

• Review a finished pay stub to see if you need to make last-minute changes and modifications.

• Check out and download the document.

Final Thoughts

Using pay stubs for an H-1B transfer is one of the best ways to prove that you’ve been employed while maintaining your legal status. Having two or three of the most recent pay stubs is typically enough for the USCIS, after which you need to be mindful of the rest of the required documentation.

If you can’t obtain pay stubs, you can use alternative documents, like employment verification letters, Form W-2, Form 1040, and bank statements. However, don’t forget to provide an explanation on why you can obtain pay stubs. Finally, don’t forget that you can always use our pay stub generator to create professional and accurate documents in minutes.

Pay Stubs for H-1B Transfer FAQ

#1. How recent must my pay stubs be for an H-1B transfer?

In general, you should provide your most recent pay stubs for an H-1B transfer. They should cover the pay periods immediately prior to your application for a transfer to act as proof of your status and employment.

#2. Can I use pay stubs from a previous H-1B employer?

You can only use pay stubs from your current employer when applying for an H-1B transfer to a new employer. Pay stubs from a previous H-1B employer may be relevant outside the U.S. to show that you had an H-1B visa.

#3. What if I have gaps in my pay stub history?

If you have gaps in your pay stub history, USCIS might assume that you had a lapse in maintaining your H-1B status. If you had a valid reason for a gap (e.g., approved unpaid leave), you should provide relevant documentation as proof.

#4.Do I need pay stubs if I'm transferring to the same employer?

You typically don’t need pay stubs if you’re staying at the same employer since you’re not transferring. A transfer implies that you’re changing employers. However, if you have a significant role or position change while staying with the same employer, you might need pay stubs to amend your H-1B status.

#5. How do I handle pay stubs with salary changes?

Any salary changes you experience will be reflected on your pay stubs. It’s important that these changes align with the rest of the documents you submit to USCIS for your H-1B transfer, as any inconsistencies can lead to issues and may prolong processing times.