Does current employer know of H1 transfer

bhartiya_12

Registered Users (C)
If I apply for a H1 transfer with a new employer, does the current employer know that the transfer has been applied? Should I inform the current employer?

Also if I apply for transfer and its refused, does my original H1 approval stand or not?

Whats the big issues in applying for a transfer within 30 days after coming to the Us on an H1? I don't have any pay stubs yet from my current H1 employer.

Thanks
 
Current employer will not know, unless they call USCIS or you reveal it to them. Unless you are contractually obliged to disclose your transfer information I would not recommend informing them about the transfer.
If the transfer is refused (rare), your current H1 will still be valid.
The big issue is paystub.
 
But since I just came into US on a H1(desi co) I don't have pay stubs and I am getting a new offer which I don't want to resfuse.

I tried to ask this new potential employer if I could work as consultant for a few months so I have a few stubs generated and then transfer but they said no as its not their policy to have consultants.

I am really unsure if risking a transfer without pay stubs although I came to US only a week ago could mess up my current H1.

Any ideas on what I can do? Are there any USCIS guidelines on this?

Thanks
 
But since I just came into US on a H1 (desi co) I don't have pay stubs and I am getting a new offer which I don't want to refuse.
----- Get few recent pay stubs then only file H1 transfer
I tried to ask this new potential employer if I could work as consultant for a few months so I have a few stubs generated and then transfer but they said no as its not their policy to have consultants.
--- Then search other employer who can pay to your H1 holder company and your current company can generate pay stubs
I am really unsure if risking a transfer without pay stubs although I came to US only a week ago could mess up my current H1.
----- Don’t apply H1 transfer without recent pay stubs
 
What can happen if I apply for a transfer without paystubs? Can it affect my GC process in future or my current H1 or does it mean that I will have to prove that my current H1 was legitimate?

In cases like these do they generally presume that the first H1 was not legitimate and maybe just on paper etc?
 
As far as your H1 transfer goes, due to not including the recent paystubs, you "may" (or may not) get a RFE - which may ask you to prove that you were legally employed (for whatever period it was) with your current employer for whom you have the H1 approved. Nobody can say for sure (or predict accurately) what is going to happen in your case. Other proof of employment (but which again may or may not work) could be: official letter of employment or signed letter of proof of employment (dates of employment included) from your employer.

The outcome of such cases depend solely on what the officer handling your transfer would think is good enough proof for them to approve your transfer.
 
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