H1 B Transfer

P

ppershey

New Member
Hello,

I am currently employed with Company A under H1 B visa. starting from Feb, the position has changed from full time to part time and being paid accordingly. I have pay stubs from company A during this period. My H1 B visa is in good holding with company A and is not revoked.
I have an offer from company B who are willing to transfer H1 B visa.For the supporting documents, 2months paystubs from company A is being asked. Here my question is should these paystubs reflect a full time employee paystub? Is it a problem if I provide the paystubs as they have been given from company A with part time hours and pay rate specified?

Should an H1B visa holder be a full time employee and show the same as part of H1 B transfer documents?

Thank You.
 
ppershey said:
Hello,

I am currently employed with Company A under H1 B visa. starting from Feb, the position has changed from full time to part time and being paid accordingly. I have pay stubs from company A during this period. My H1 B visa is in good holding with company A and is not revoked.
I have an offer from company B who are willing to transfer H1 B visa.For the supporting documents, 2months paystubs from company A is being asked. Here my question is should these paystubs reflect a full time employee paystub? Is it a problem if I provide the paystubs as they have been given from company A with part time hours and pay rate specified?

Should an H1B visa holder be a full time employee and show the same as part of H1 B transfer documents?

Thank You.
Click to expand...

Provide the documents asked by new company lawyer for filing of your H1 transfer. If you have any questions ask him directly. Don’t join new employer just with H1 filing receipt notice as many H1 transfers are being rejected and USCIS at this time ask many documents through RFE. Best option is to file H1 through Premium processing so that you know the result in 20-25 days from the date USCIS gets your H1 transfer petition. If USCIS asks RFE then your Lawyer reply to RFE then again 20-25 days from the date USCIS gets RFE response. Stay away from Desi employer.
 
Similar situation BUT company A H1b not filed yet, company B waitng to file, short timeframe

Background:
My current 3 yr H1B with Company A expires Sep 2011.
I have all pay stubs.
I have not requested Company A to file for extension.
Company A is a desi, H1B-dependent company (as stated on their LCA).

Company B has intended to transfer and file H1b.
They recently got an approved LCA.
Waiting to file H1b petition as they still preparing documentations (to meet the reqs of the Neufield memo, like client letters, as current client is re-planning on their requirements).
Given short time left in my current H1B, they will be filing premium processing.

Questions:
1. Its already mid-July 2011. Should I go ahead and ask my current Company A to file LCA and H1B extension, while LCA with Company B has been approved and they will be filing H1b petition.
Meaning, will it jeopardize my case with Company B if i ask my Company A to start filing for H1b extension?
2. I am not going to start 'working' for Company B until I have their approved petition 797a.
3. I'm short of time, and I would like to explore worst case scenarios? (Of course, the worst-case scenario is I leave the country, but with wife working here and our lives so heavily entrenched, man its going to be one heck of s painful situation),
4. On a side note, can readers suggest some good H1b immigration lawyers in the Bay area?
 
desiCyrus said:
Background:
My current 3 yr H1B with Company A expires Sep 2011.
I have all pay stubs.
I have not requested Company A to file for extension.
Company A is a desi, H1B-dependent company (as stated on their LCA).

Company B has intended to transfer and file H1b.
They recently got an approved LCA.
Waiting to file H1b petition as they still preparing documentations (to meet the reqs of the Neufield memo, like client letters, as current client is re-planning on their requirements).
Given short time left in my current H1B, they will be filing premium processing.

Questions:
1. Its already mid-July 2011. Should I go ahead and ask my current Company A to file LCA and H1B extension, while LCA with Company B has been approved and they will be filing H1b petition.
Meaning, will it jeopardize my case with Company B if i ask my Company A to start filing for H1b extension?
------ First decide why you want to join B. if Company A file H1 extension it has nothing to do with B H1 transfer. If you are going to work with A then why you are asking B to file H1 ext/Transfer? You are not honest with A and you are not honest with B. Why do you want that A and B both should waste filing fees and Lawyer fees?
2. I am not going to start 'working' for Company B until I have their approved petition 797a.
----- at this time nobody should start working with new employer if H1 transfer approval is not in hand. at this time of you go out of US and apply for H1 visa and your H1 was filed by consulting company and you work with client then US consulates in India are asking lot of documents and are rejecting H1 Visa stamp. Those who are working with Direct employers and Direct employer filed H1 and go out to get Visa stamp they don't face Visa problems. They are after desi Consulting companies and want them to shut the shop.
3. I'm short of time, and I would like to explore worst case scenarios? (Of course, the worst-case scenario is I leave the country, but with wife working here and our lives so heavily entrenched, man its going to be one heck of s painful situation),
4. On a side note, can readers suggest some good H1b immigration lawyers in the Bay area?
----- Others will post
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