H1-B Transfer (Important & Urgent)

[kmankani]

I was in the US 6 months back on a valid H1B from Company A and received my pay-stubs on a fortnightly basis and have subsequently filed my IT returns (both Fed & State) for the last year.

I am going to back in the US on Company A's H1B and am likely to switch to Company B immediately on my arrival(better opportunity). However, I don't have the recent paystubs from Company A as I am an offshore emplyee in India at the moment.

On my arrival in the US on Company A's H1B, Company B has agreed to effect the H1B transfer and fully co-operate with me to make this process smooth.

The problem of recent paystubs would still remain and would like to whether you forsee any problems in H1B tranfer given the above scenario and what steps could I take from my end to smoothen it.

Kindly advise.

Kamlesh

 

[ginnu]

I was in the US 6 months back on a valid H1B from Company A and received my pay-stubs on a fortnightly basis and have subsequently filed my IT returns (both Fed & State) for the last year.

I am going to back in the US on Company A's H1B and am likely to switch to Company B immediately on my arrival(better opportunity). However, I don't have the recent paystubs from Company A as I am an offshore emplyee in India at the moment.

On my arrival in the US on Company A's H1B, Company B has agreed to effect the H1B transfer and fully co-operate with me to make this process smooth.

The problem of recent paystubs would still remain and would like to whether you forsee any problems in H1B tranfer given the above scenario and what steps could I take from my end to smoothen it.
------You willl NEED recent pay stubs to transfer H1 or let them file NEW Fresh H1 for you through Primum Processing your employer will get H1 approval notice in 15-20 days and then get H1Visa stamp and enter on H1B status


Kindly advise.

Kamlesh

 

[kmankani]

Hi Ginnu,

Thanks for your prompt reply, but I have a question?

Currently there is H1 B cap, and new H1 b will be get issued from October onwards, that mean I have to wait till that much period.

Is there any possibility to file H1 transfer without pay stubs, as I will be just entering the country after 6 mths and how I would be having latest pay stub and I want to change the employer upon my arrival? So that means I cannot switch to different employer at all?

Please advice

Thank you
Kamlesh

 

[priyajohar]

My 2 cents

Hello :

Following are just my 2 cents. Thus please confirm with lawyer or if any Guru can correct.

Following is copied from gov site.
*******************************
This new portability section applies only to aliens who:
(1) have been lawfully admitted into the U.S.
(2) are the beneficiary of a non-frivolous petition properly filed before the date of expiration of the period of stay authorized by the Attorney General;
(3) have not been employed without authorization in the U.S. before the filing of such petition.
********************************

Interpret above as I am really not good.

Also, BTW my friend had successfully transferred his employer in 2003 after being in India for 2 months of vacation. Mind it he was on vacation and he provided paystubs before his vacation.

 

[ginnu]

Hi Ginnu,


you are sending PM to me, but I got this message when I wanted to reply you:

kmankani has chosen not to receive private messages or may not be allowed to receive private messages. Therefore you may not send your message to him/her.
------ so post your question in threads and dont send PM if you cant recieve.