Dear Sir,
My query:
For a H1B transfer, if a transfer is initiated within 10 day (or even upto 30 days) of the starting date of a new (first time) H1B approval, How can the proof of employment (recent paystubs) be produced from the present Employer, since the beneficiary would not have worked for a full month and would start working for the new employer as soon as the transfer petition is received by INS? Would it be approved as a H1 transfer to new employer without the requirement of the recent paystubs, or as a new fresh H1B approval against the 2005 cap, if the transfer is intiated during
the 1st week of March 2004?
My Background: (please ignore this if it is too detailed)
Since my F1 status was due to expire in May 2004, I had to apply for my H1 on 4th Feb 2004 with an Employer A, and I did this in a panicy situation due to the news of H1B cap. My H1 visa and change of status were approved by INS on 9th Feb, and they have sent the employer the I-797 and I-94 valid from March 1st 2004 - Jan 28th 2007. I do have the copy of the complete Notice of Action form.
My problem is that this employer A is not a good employer, as I had mentioned I accepted this employment in a panicy state, and now I do know that if I do continue working for this company, I will get into problems in the future like not getting paid the Min Wages mentioned in LCA, Not getting issued regular paystubs, not able to provide appropriate Employer documents requested by the consulates for H1 stampling, etc. as a lot of people have described similar issues in the past. I want to avoid getting into those issues, so I do have an Employer B, who I am sure about this time, is ready to offer me employment immediately. But I dont know if the CIS will approve the H1 transfer as it would be filed within the 10 days of start of new H1B and I wont get any paystubs from the present employer.
My query:
For a H1B transfer, if a transfer is initiated within 10 day (or even upto 30 days) of the starting date of a new (first time) H1B approval, How can the proof of employment (recent paystubs) be produced from the present Employer, since the beneficiary would not have worked for a full month and would start working for the new employer as soon as the transfer petition is received by INS? Would it be approved as a H1 transfer to new employer without the requirement of the recent paystubs, or as a new fresh H1B approval against the 2005 cap, if the transfer is intiated during
the 1st week of March 2004?
My Background: (please ignore this if it is too detailed)
Since my F1 status was due to expire in May 2004, I had to apply for my H1 on 4th Feb 2004 with an Employer A, and I did this in a panicy situation due to the news of H1B cap. My H1 visa and change of status were approved by INS on 9th Feb, and they have sent the employer the I-797 and I-94 valid from March 1st 2004 - Jan 28th 2007. I do have the copy of the complete Notice of Action form.
My problem is that this employer A is not a good employer, as I had mentioned I accepted this employment in a panicy state, and now I do know that if I do continue working for this company, I will get into problems in the future like not getting paid the Min Wages mentioned in LCA, Not getting issued regular paystubs, not able to provide appropriate Employer documents requested by the consulates for H1 stampling, etc. as a lot of people have described similar issues in the past. I want to avoid getting into those issues, so I do have an Employer B, who I am sure about this time, is ready to offer me employment immediately. But I dont know if the CIS will approve the H1 transfer as it would be filed within the 10 days of start of new H1B and I wont get any paystubs from the present employer.