H1 transfer issue

R

RintuG

Registered Users (C)
I got my new H1b in september 2002. However till january 2003 i.e for 4 months i was on bench without a client. My employer has kept my status valid however I was not offered any pay for these 4 months. Meanwhile I am offered a permanent position in a company who are ready for a h1 transfer but donot want to do a new h1b . since I donot have any pay stubs I am now in fix as to whether my h1 transfer will get rejected without it.
I have thought of an option of asking my new hirer to give me a contract for 2 months so that i get the required pay stubs and then do a hire but they donot want it, they want a direct employee only,i.e h1 transfer in my case.

any inputs how to get it resolved will be of great help to me.

thanks in advance,
 
Your new company cannot file a new H-1 petition as you are already in the U.S on H-1 status, hence has to do a transfer. You should act soon however to initiate that transfer - since you dont have any paystubs, the INS will probably approve the transfer but deny the extension/change of status. You will need to make a trip abroad to get I-94 and re-enter the country before beginning to work (worst case).
 
Thanks for the reply.My present H1 is valid to another 5 yrs. So theres no problem about extension.

I however i did not get exactly what kind of status change are u talking about
can u please elaborate?
I would also like to know if i do a premier processing for H1 transfer how much time is it taking for INS nowadays?
 
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