h1b transfer from A to B - before starting to work under A - Hence NO pay stubs

[brsh24]

Hi Lana,

Greetings and Good Wishes.

I have a query regarding my H1 on the same lines as above. I got H1B petiton approved from Employer A valid from Oct 1 2007 - Aug 31 2010 and got my visa stamped (issue date Feb 11 2007 - Aug 31 2010) and the name of Employer A is stamped under Annotations.

I'm currently employed in India and when I resigned to join Employer A, my current employer in India (Employer B) which has its presence in US wants to retain me and wants to file a new H1 to get it transferred from Employer A. My questions are as follows:

1. Is this possible me being in India?
2. If so do I need to reappear for the visa interview and get a new visa stamped or enter US with the old one with annotation of Employer A.
3. Do I need to take permission from Employer A.
4. If #1 is true will the process of H1 transfer be easier if I stay in India and wait or be in US

Thanks n Regards,
brsh24

 

[ann_njd]

Hi Lana
My Fiancee was working for company A since Oct,2006. the company applied for his H1-B visa and it was approved. He changed his job in Jan 2008 and started working and received salary for the month of Jan. However he applied for his H1-B visa transfer only on Feb,18, 2008. He has already received a months salary before he even applied for the visa transfer.My question is, if his H1-B visa transfer is approved, will he have any issues to deal with when he goes to stamp his visa based on the new H1-B . (he did not stamp his passport when his first H1-B, from company A was approved)
I really appreciate the help.

 

[ImmigAttyLana]

You are asking me to speculate on a matter which I cannot do.

 

[brsh24]

Hi Lana,

Greetings and Good Wishes.

I have a query regarding my H1 on the same lines as above. I got H1B petiton approved from Employer A valid from Oct 1 2007 - Aug 31 2010 and got my visa stamped (issue date Feb 11 2007 - Aug 31 2010) and the name of Employer A is stamped under Annotations.

I'm currently employed in India and when I resigned to join Employer A, my current employer in India (Employer B) which has its presence in US wants to retain me and wants to file a new H1 to get it transferred from Employer A. My questions are as follows:

1. Is this possible me being in India?
2. If so do I need to reappear for the visa interview and get a new visa stamped or enter US with the old one with annotation of Employer A.
3. Do I need to take permission from Employer A.
4. If #1 is true will the process of H1 transfer be easier if I stay in India and wait or be in US

Thanks n Regards,
brsh24

Dear Ms Lana,

Can you please answer my question above? I'm unsuccessfully trying to get your views.

Regards,
brsh24

 

[gatas]

If she is not getting paycheck stubs, how will she be able to substantiate/prove that she is working in valid H-1B status since that is needed for the transfer to be approved.

Hi Lana. What are the options then if pay stub is not available and bench time has been more than a month already? Thank you very much for your time.

 

[bostoncupcake]

H1b visa transfer

Hi Lana

I came across this foirm and noticed valuable inputs/advice from you to multiple people. I have a similar query but the case is a bit different:

I'm currently working in US. I initially came to US with Company A [On L1B visa]. While being here, I filed for H1B petition with Company B and it got approved. As expressed by you earlier, I believe Post Oct -1 my status has now changed from L1 to H1.

Now, Company B does not have any projects for me to start-up, thereby I'm still continuing with Company A. Also, I have an offer from Company C and hence will require them to file a H1b petition for me for transfer of employer name purposes.

Following are my questions in this regard:
1. Since I'm continuing working with company A [Who filed my L1], is it illegal for me to work for them? If yes, is there any grace period USCIS provides I can continue with Company A?
2. Is 2 pay-stubs a mandate for new H1B application to be filed by Company C? If yes, will my pay-stubs of Company A meet that requirement or does it needs to be from Company B[Who filed my H1B]?
3. I believe new H1B application by company C is not considered as a part of H1b quota? Is that a correct understanding?

Appreciate your advice.

Thanks very much.

 

[Shaawn]

Layed off in H1B

Hello Lana,

I see that you are doing a great job here by answering our critical questions.I would like to thank you for your time here.

Here is mine..

I got layed off from employer A and within 2 weeks I got my H1B transfered to employer B , Consulting firm. Employer B is not running pay-stubs for me.

Will I come across any issue, if employer B doesn't run paystubs?

Is paystub important only while doing an H1b transfer or do we need paystubs in all circumstances? Can I be under a consultant without running paystubs until I find a project?

 

[obama4h1b]

h1b transfer without pay stubs!

Congratulations Lana,

Their are many compaies who will do a h1b transfer without paystubs, including my own employer NRISoft.com. I think, if a company has never had any RFE's then they have a little leeway to stretch the rules.

please do not do anything illegal, like generating fake pay stubs. surely, it will cost you, your greencard.

call around and you are bound to find help.

 

[vrjain]

H1B transfer from A to B while processing

Hello Lana,

This seems to be a very informative and active thread.
Here is my question.

I am working for a company A which has applied for my H-1B visa (April 2014). I wish to make a switch as soon as I get one. Lets say I get an offer from company B - a couple cases 1) May 2014 2) July 2014

If I get in May, and my new employer is filing the visa if the quota is there, can the visa with company A be cancelled? Will they charge me according to you?

If I get the new offer in July 2014, and I have my H1B approval notice, can I transfer immediately to the Company B (who is ready to transfer/sponsor the visa) or would I have to wait until Oct 1st to get it transferred. In these posts I am hearing a lot about pay-stubs, would I need to wait for some time with Comp A to get these pay-stubs after H1B approval?

 

[Ohiogal]

Hello Lana,

This seems to be a very informative and active thread.
Here is my question.

I am working for a company A which has applied for my H-1B visa (April 2014). I wish to make a switch as soon as I get one. Lets say I get an offer from company B - a couple cases 1) May 2014 2) July 2014

If I get in May, and my new employer is filing the visa if the quota is there, can the visa with company A be cancelled? Will they charge me according to you?

If I get the new offer in July 2014, and I have my H1B approval notice, can I transfer immediately to the Company B (who is ready to transfer/sponsor the visa) or would I have to wait until Oct 1st to get it transferred. In these posts I am hearing a lot about pay-stubs, would I need to wait for some time with Comp A to get these pay-stubs after H1B approval?

Start your own thread as this thread is six years old.

 

[cbg]

It actually began 10 years ago. And I haven't seen Lana here in ages.