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

[ImmigAttyLana]

Hello Marcus:

As long as you have a valid H-1B visa, even if it was obtained through a different employer, you will be able to use it to travel to the US but only AFTER you have a valid H-1B approval from another employer who is willing to now sponsor you for a position..

If you are interested in discussing this further, please contact me directly.

 

[chandni139]

Can i do H1 transfer when i am holding H1b visa valid till sep' 09 but no Pay Stub?

Hi,
My friend is holding H1 b visa valid till septement ' 2009 from Company A. Currently She is in US since 3rd march, 2007.

Can she go for H1 transfer even though if she is not having any pay stub from current consultant (i.e. Comapny A)...???

Do she need to back to India for H1 transfer?

Can you please tell me what all documents are required for H1 transfer?

What is the paper work process?



Thanks & Regards,
Chandni

 

[ImmigAttyLana]

If she is not working for the petitioning employer, then she is not in valid H-1B status and a transfer would most likely not be approved, in which case she would have to go for consular processing, if the H-1B petition is otherwise approved (not as a transfer but as consular processing).

The documentation for the H-1B petition, regardless of whether it is for a transfer or not, is essentially the same as for the original petition.

 

[chandni139]

Currently working on H1 but not having pay stubs with her

Hi Lana,
Thanks for giving this information.

I am having few more queries:
The thing is she is already having H1b visa and she is working for her current employer but she is not getting the pay stubs..
So can she go for H1 transfer without any US pay stubs?


Thanks & Regards,
Chandni

 

[ImmigAttyLana]

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.

 

[ersenthilece]

Please guide me

Hi

I got my H1 through company A at 2006. But yet now i did not travel to US. It is possible to transfer my H 1 to company B. What is the process ?

 

[ImmigAttyLana]

It's not possible to transfer but you can have the company file a new petition on your behalf. In order to be able to transfer, you must be IN H-1B status. You are not in H-1B status if you never even entered the US in that status.

 

[ersenthilece]

Hi Lana,

Thanks a lot for giving this information.

Regards,
Kumar

 

[girish.sh]

H1B Transfer after filing for cancellation

Hi Lana,

I have got offer got H1B stamped from Company A but due to some serious reasons i have not joined this company after arriving to USA. Company B is going to file for transfer of my H1B visa but before that yesterday i got mail from my Company A that they are going to cancel my visa. When i informed this situation to company B they are saying that for H1B transfer without pay stubs, you need a letter from company A stating that i was being their employee, with designation and salary. But as i have not joined previous company A, how can i get letter from them? Company B is saying that they cannot file for transfer without any such letter from company A. So i am in trouble. But i know one of my friend who was in exactly same situation and he does'nt have to provide any such letter for transfer. Is there any way out of this?

Please help Lana

Thanks,
Girish

 

[immigrantSong]

Hi Lana.
Thanx a million

 

[ImmigAttyLana]

Company B can still file a H-1B petition on your behalf which will be approved not as a transfer but as a consular processing petition.
Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[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

 

[jay4d]

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.

Is it possible that she can claim that she was on unpaid leave for a few months?

 

[jay4d]

If she is not working for the petitioning employer, then she is not in valid H-1B status and a transfer would most likely not be approved, in which case she would have to go for consular processing, if the H-1B petition is otherwise approved (not as a transfer but as consular processing).

The documentation for the H-1B petition, regardless of whether it is for a transfer or not, is essentially the same as for the original petition.

If the visa does get approved as consular processing, will that be subject to the 65,000 quota?

Will she be able to work as soon as she goes through the consular processing and come into the USA.

 

[ImmigAttyLana]

No, it will not be subject to the quota. It will simply mean that she must depart the US and obtain a visa (if she does not already have a valid H-1B visa) and reenter the US on the visa and the new approval notice in order to start working for the new employer.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.