GreatGuru ---- Seek your inputs on H1 Transfer

A

anilay06

Registered Users (C)
Hello !

Can I apply for H1B transfer within 30 days of my arrival without any paystubs, if for some reaosn if the sponsring company is not able to place me on any projects. :confused:

Sincerely seek your inputs.

Anil
 
If you are applying with no pay stub it must be within one or two days. More you delay it, it will get complicated.

anilay06 said:
Hello !

Can I apply for H1B transfer within 30 days of my arrival without any paystubs, if for some reaosn if the sponsring company is not able to place me on any projects. :confused:

Sincerely seek your inputs.

Anil
Click to expand...
 
If transfer petition is not approved can a new petition be filed ?

Thanks Great Guru,

Appreciate your reply.

If we file H1B transfer within 1-2 days of arrival through premium processing then there should be answer from INS within 2 weeks max.

But for some reason if newly filed H1B transfer petition is not approved can a new petition be filed again through another company ?

Would appreciate your inputs.

Thanks.
 
anilay06 said:
Thanks Great Guru,

Appreciate your reply.

If we file H1B transfer within 1-2 days of arrival through premium processing then there should be answer from INS within 2 weeks max.

But for some reason if newly filed H1B transfer petition is not approved can a new petition be filed again through another company ?

Your H1B transfer will be approved, the question is your status is valid (I-94 is issued along with H1) or not. If no I 94 comes with approved h1(transfer) you have to go back again to your home country with approved new H1 paper get visa stamped.
Would appreciate your inputs.

Thanks.
Click to expand...
 
Thanks GreatGuru.

Correct me if I am wrong but -

My understanding is -- If new H1B comes without I94 then I need to take an exit ( say either to Mexico or Canada ) and then re-enter US with new Approval notice and I will be issued new I94 with new employer at the POE. ----- Correct ?

or as per what you have written "you have to go back again to your home country with approved new H1 paper get visa stamped.


Do not quite understand whether my understanding is correct or do i actually need to go to home country for getting new H1B visa stamped again.

Could you pleae clarify.

Thanks.
 
anilay06 said:
Thanks GreatGuru.

Correct me if I am wrong but -

My understanding is -- If new H1B comes without I94 then I need to take an exit ( say either to Mexico or Canada ) and then re-enter US with new Approval notice and I will be issued new I94 with new employer at the POE. ----- Correct ? YES
or as per what you have written "you have to go back again to your home country with approved new H1 paper get visa stamped.


Do not quite understand whether my understanding is correct or do i actually need to go to home country for getting new H1B visa stamped again.
It is up to you, but home country is the ultimate destination if Mexico or Canada reject your visa stamp.
Could you pleae clarify.

Thanks.
Click to expand...
 
Hi Great Guru,

Generally when H1B is transferred the person does not need to take new stamp of H1B in the passport.

But in this case you are saying the person will have to go to either home country (or say mexico/canada) to get new H1B stamped in passport ----

why so ? is this case treated differently than normal H1B transfer done with paystubs ?

Or in other words the person needs new H1B stamp in the pasport becuase this new H1B transfer is done without paystubs ?? or is there some other reason ?

Need little clarity on this.

Can you please clarify this.

Thanks.
 
Generally when H1B is transferred the person does not need to take new stamp of H1B in the passport.
-- That is true unless you travel out of the country and want to reenter is the only time you need to have the visa stamped on your passport.

But in this case you are saying the person will have to go to either home country (or say mexico/canada) to get new H1B stamped in passport ----

why so ? is this case treated differently than normal H1B transfer done with paystubs ?
- No. If you have a valid H1 with I 94 then you can stay in the country as long as the date specified on your I 94. When you apply for an H1 the H1 will come with the I 94 attached to it at the bottom if this is a change of status within US.

I94 is what legally governs how long you can stay in the country. Whichever visa you are on currently you will need to have an I 94 when you are here.

If you are entering the country from outside you will need to stamp your visa on your passport and you will get an I 94 . If you are changing status within US you will have your I 94 with your H1 approval.
 
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His case his status on H1 from the first employee gets terminated upon getting his new h1 without I 94. So inorder to get new I 94 he has to go out and come back. You can try with old visa stamp with approved new h1 paper, but rejection in POE is feasible. Better get a new stamp based on new H1, so that any verification at POE new company can validate his employment.

anilay06 said:
Hi Great Guru,

Generally when H1B is transferred the person does not need to take new stamp of H1B in the passport.

But in this case you are saying the person will have to go to either home country (or say mexico/canada) to get new H1B stamped in passport ----

why so ? is this case treated differently than normal H1B transfer done with paystubs ?

Or in other words the person needs new H1B stamp in the pasport becuase this new H1B transfer is done without paystubs ?? or is there some other reason ?

Need little clarity on this.

Can you please clarify this.

Thanks.
Click to expand...
 
The discussion is based on , if he gets H1 approval/transfer without getting an I 94, because of no pay stub.

-----------------------------------------------------------
willy_gc said:
Generally when H1B is transferred the person does not need to take new stamp of H1B in the passport.
-- That is true unless you travel out of the country and want to reenter is the only time you need to have the visa stamped on your passport.

But in this case you are saying the person will have to go to either home country (or say mexico/canada) to get new H1B stamped in passport ----

why so ? is this case treated differently than normal H1B transfer done with paystubs ?
- No. If you have a valid H1 with I 94 then you can stay in the country as long as the date specified on your I 94. When you apply for an H1 the H1 will come with the I 94 attached to it at the bottom if this is a change of status within US.
Click to expand...
 
You can change H1 without paystubs in the first 30 days . You may have more than 30 days as there was a recent case where they were able to do so after 3 months. The first company did not find a project and so the person changed to the second company after 3 months. They got the H1 filed with the new company and the person is working on a project now.


I am not a lawyer so please act accordingly
 
willy_gc said:
You can change H1 without paystubs in the first 30 days . You may have more than 30 days as there was a recent case where they were able to do so after 3 months. The first company did not find a project and so the person changed to the second company after 3 months. They got the H1 filed ? whether it got approved with I 94 ?with the new company and the person is working on a project now.


I am not a lawyer so please act accordingly
Click to expand...
 
The person entered the country with the first H1 and so had an I 94. Then it was a transfer of H1 within the country and so he got the second H1 with I 94.
 
Thanks to both - GreatGuru & willy_gc,

Appreciate your inputs. It definitely gives some helpful pointers.

Regards.
 
willy_gc said:
The person entered the country with the first H1 and so had an I 94. Then it was a transfer of H1 within the country and so he got the second H1 with I 94.
If there is no pay stub or out of status even a day while transfer then no I 94. Do you know that , I think you don't !!!
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Not to get into an argument with you but if you are here in the country on H1 the company is legally bound to run your payroll whether you are working or not ie whether you are on bench or not. Does every consulting company follow this rule.. No..
 
What you are trying to say here. If the company is not running the pay roll and you want to transfer the H1, then you are out of status and you will get your H1 approved but no I - 94 attached to it. So you need to get out of the country and enter with new I 94.



willy_gc said:
Not to get into an argument with you but if you are here in the country on H1 the company is legally bound to run your payroll whether you are working or not ie whether you are on bench or not. Does every consulting company follow this rule.. No..
Click to expand...
 
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