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

[sais]

What is the name of your state?What is the name of your state? Texas
Hi,
A consulting agency applied for my h1b and it got approved for me to be able to start working from October04. (Meanwhile I am taking classes and am in good f1 status).

Now the issue is, I may have the opportunity to get hired by a regular company.
I am not sure how to deal with it. I could either have the regular company apply for a new h1 on their behalf, but you never know when the quota runs out. In which case, TRANSFER will be the only option since that does not come under quota restrictions, as I have heard.
In the latter case, I will have to cooperate with my consulting agency and probably 'beg' them to let my h1 transfer to the new company, or however it works. But I've heard that you need to have at least 2 pay stubs for that. If so, I have not even found a project or contract under the consulting agency and dont think I'll be able to find one under them anytime soon. And no project means no pay stubs. So how will I go about having my h1 transferred to the new company without having to start working under the consulting agency.
I'm more inclined towards a transfer than a new h1 all over is because:
a) The quota may run out by then, as I just mentioned
b) I've noticed, some employers just seem more comfortable and willing to hire if the terminology of 'transfer of h1' is used rather than 'APPLYING for one from scratch'. I know, it sounds weird!

Any help appreciated!

 

[ImmigAttyLana]

there is really no such thing as a transfer h-1B. the new employer has to file a new petition for you "from scratch." the only difference is that if you are already in H-1B status and you go to another employer, you can start working for the second employer without waiting for the h-1B to be approved; rather you can start working as soon as you have proof of the new H-1b petition having been filed.

Please let me know if you have any additional questions or need further assistance with this matter.

 

[ravirajen]

Lana, could you please elaborate on Sais's concern about, how he can go about filing H1B (new or transfer or whatever it is refered as) with the regular company without having pay stubs from the consultant?

Thanks

 

[ImmigAttyLana]

I am not sure how much I can elaborate on this. As long as there are visas still available, he can file the other petition with the other company. But if there are no more visas available, he will not be eligible for the second company to file another H-1b petition until the following year because he will not yet be in H-1B status. And, even if his initial H-1B is approved, if he is not working for that company and cannot prove his valid h-1B status, then any subsequent H-1B petition would only be approved, if approvable, for consular processing and not as a transfer petition.

 

[nperumal]

hi lana,

i am in a similar situation also. I want to know if I can apply for my OPT now. I have an offer from another company but they will do H1 only if I am on my OPT. I am currenlty on F1 registered but H1 for the previous company starts in Oct.

 

[ImmigAttyLana]

If you already have an approved H-1B with the FL company you are NO LONGER in F-1 status and are not eligible for OPT. Once October 1 comes around, you are in H-1B status and must start working for the company that got you the H-1B or file for another H-1B with another company. Just because you are not working for the H-1B company and have no plans to do so, does not mean that your F-1 status is automatically reinstated. IT IS NOT! You have to reapply to get the F-1 status and it does not seem to make sense to do that if you already have a job offer. Just have the new company understand that you already have an approved H-1B from October 1 and that they can file for a new H-1B on your behalf. If they do it as Premium Processing, you will have it by the time you would like to start working for them on OCtober 1

Please let me know if you have any additional questions or need further assistance with this matter.

 

[nperumal]

Is there a way where the H1 status can be cancelled ? Because I have not finished my degree(MS) yet and wish to do so before going on H1. The second company insists I can work on CPT or OPT for them and once I finish the degree they will do H1.

 

[ImmigAttyLana]

The H can be cancelled but that does not automatically reinstate your F status, as explained before. You have to reapply for the F-1 status and it is not instantaneous.

 

[ckinphilly]

same problem

hi ,
I have been working for company A on OPT.My h1b starts nov 11. Company B wants to hire me but i heard that ucis is no longer accepting applications for new h1bs. So i would like to transfer my h1b visa. I wanted to know when is the earliest i can transfer my h1b visa. also my company has biweekly paystubs so do i need to wait till dec10 until i get 2 paystubs after h1b starts or my paystubs on opt with the same company will be considered.
state where my current company is newjersey. and company b that intends to hire me is in pennsylvania
thanks
chirag

 

[ImmigAttyLana]

You cannot transfer your H-1B until you are IN H-1B status and this is not going to happen until 11/1 if that is the starting date on your approved H-1B petition. Furthermore, there is no such thing as a transfer since the new employer must still file a new H-1B petition on your behalf. The USCIS is still accepting petitions for H-1B since the cap has not yet been reached, so if you do not want to wait until you have worked for a few weeks for the first employer in order to get the paycheck stubs, get the second employer to file a H-1B petition on your behalf right now.

Please let me know if you have any additional questions or need further assistance with this matter.

 

[ckinphilly]

re: h1b visa transfer

Thanks for getting back to me so soon. I am planning to apply for a new h1b visa with the new employer on monday itself but this is what i have read today and hence i was thinking of the transfer option.

http://timesofindia.indiatimes.com/cms.dll/html/uncomp/articleshow/871706.cms

My other question is that can i apply for a transfer(or a new petition from employer b that wouldnt fall under the quota) on the first day itself since i have paystubs from employer A (working on opt for the same position as applied on h1b) or do i need to wait for 2 paystubs after the h1b starts.

thanks

 

[ImmigAttyLana]

Yes, you are right in that the USCIS has announced, late Friday evening, that they have reached the quota and will not be accepting any new applications after end of business day Friday.

You can still apply for the transfer H-1B but again, you are not going to be technically in H-1B status until the start date of your approved petition. You can apply, of course, and just not do it as premium processing and then in a month's time, you will be already in H-1B status, so you will be able to provide the paycheck stubs if asked for them as part of a request for evidence, for instance.

Please let me know if you have any additional questions or need further assistance with this matter.

 

[ckinphilly]

thanks

Hi Lana,
I really appreciate your advice. Thanks for the help. I had one more question. My h1b status starts nov 11. so even if i apply for a transfer i need to be with my current employer to generate paystubs for transfer. Can i start working for my new employer from nov 12. This will generate one paystub from current employer(for one day). Is that enough or i need minimum 2 paystubs??

thanks

 

[sais]

h1b xfer - required doc: pay stub

Hi again,
Company A (some consulting Agency) filed for my h1b in April 2004 for me to be able to start working from Oct 2004. Today is Oct 8, I still have not officially started working for Company A (some usual delay due to their internal office issues, u know), hence NO pay stub for the first week of Oct. Fortunately there is a Company B willing to do xfer of h1b. Now, I know that one of the required docs for this process is pay stub, that in my case, I dont have any, since Oct just started and I actually have not started working for Company A and would like to jump to Company B asap. In my case, am I still required to show company A pay stubs for h1b transfer to company B. I would have understood submitting pay stubs if I had already started working for the company A. Help Appreciated!

* In other words, for h1b xfer from company A to B, is it a pre-requisite that one must have previously worked for Company A?

* How long must one have worked for company A? Is there a minimum time? or a minimum number of stubs? Is a day, a week, or even 2 weeks enough? hence a day/a week's/2 week's (respectively) pay stub enough to be submitted?

* If no pay stub is available, can a leave of absence document submitted instead?

* If without pay stub, when company B applies for the fresh H1b from scratch, will that count against the H1b cap (that unfortunately has reached)? If so, how can I go about resolving this issue? I really want to start working for company B ASAP! Please suggest what is it that I need to work out with company A. THANXXXXXXXXX!

 

[Tchibo]

there is really no such thing as a transfer h-1B. the new employer has to file a new petition for you "from scratch." the only difference is that if you are already in H-1B status and you go to another employer, you can start working for the second employer without waiting for the h-1B to be approved; rather you can start working as soon as you have proof of the new H-1b petition having been filed.

Please let me know if you have any additional questions or need further assistance with this matter.

Dear Lana,

Your advices are very professional. And I'm in the simular situation, but not completly, so I was wondering if you could please let me know whether the transfer option is possible in my case:
I have valid H1 visa (H1-B stamp in my passport), but I did not come to the USA under this visa to work for the company which issued H1 for me and presently I'm out of the USA. But I found another company which could make H1 transfer for me, and I would like to know whether H1 transfer is possible in my case?
If yes, then I would be much oblidged to you if could take my case according to your rate.
Thank you.

Waiting for your kind reply,

Marcus A.