Complicated H1B transfer case - please Help!

B

bobjconsultant

Registered Users (C)
Hello Gurus,

Company - A:
I'm on H1b with company A since 10/1/06 and worked there until 02/29/08. Then I went out of the country and came back on 03/15/08, picked up my check and quit the job.

Company - B:
Applied for H1B transfer in 12/07 and got approval in 03/08. Started working for this consulting company from 04/01/08, but I havn't got any project yet (meaning no pay checks).

Company - C:
Now I'm getting a better fulltime job offer from Company C, who is willing to do my H1 transfer (hopefully by 04/15).

1. Now my question to all the Gurus out there is that can I apply for a transfer from Comapany A?
2. Is it OK to use paystubs dated 2/29 and 3/15, provided that I was out of country from 03/01 to 03/15?
3. Will premium processesing make any difference?
4. Any advice would be greatly appreciated.

Thanks!
 
Your employer must pay you even if you don't have a project. There is no "bench time" for H1B employees. Make sure they pay you, otherwise you are out of status and can't do a transfer.
 
Thanks nscagony for a quick reply.

I don't want to work for this consulting company (B) thats why I'm thinking about transfering my H1b from company A. Because even if I get paid from Company B I will just have one pay stub from Company B, since Company C wants to do a transfer by 04/15/08.

Any suggestions?
 
It's not really a transfer per se. The company files a brand new H1 petition. People calling it a transfer complicates things.

The pay stubs are needed as proof that you're still in active H1 status. Either way, you'll have to prove that you've been in status from 3/15/08, your last paycheck date, till whatever date your H1 petition is filed. It does not matter whether it's company A or B's paystub that you use. Obviously here you have to use the pay stub received from company B to show that you're still in status.
 
Thanks fbf2006.
But like I said if my Company C is filing the transfer next week then by that time I will just have 'one' pay stub from Company B.
Can I give one pay stub from company B for the transfer?
 
2 pay stubs, according to my knowledge, but that's why I'm here to get Guru's opinion on my case.
If it's possible to file with 2 old pay stub from Company A and on new pay stub from Company B, then my problem is solved!

Is that possible though?
 
OK, hopefully this will be my last question.

So pay stubs are there to prove my working status and it doesn't matter if I provide them 2 March pay stubs from Company A and 1 April pay stub from Company B. Is that correct?

Thank you very much.
 
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