H1 Transfer OR a new H1B approval

V

vishsh

Registered Users (C)
For a H1B transfer, if the transfer is initiated within the first 10 days (or even upto 30 days) of the starting date of a new (first time) H1B approval - which is 1st March 2004 in my case,

How can the proof of employment (recent paystubs) be produced from the present Employer, since I would not have worked for a full month and would start working for the new employer as soon as the transfer petition is received by INS?

Assuming the rest of the requirements are satisfied,

Would it be approved as a H1 transfer to new employer without the requirement of the recent paystubs,

OR

as a new fresh H1B approval against the 2005 cap, if the transfer is intiated during the 1st week of March 2004?

Thanks
 
Provide contract details and letter from employer in lieu of paystubs. Write a letter why you have attached old employer's paystubs and new employer's docs excluding paystubs.
 
Thanks

Thanks for your reply. Sorry but I think my original post is not very clear, and maybe I confused you. Let me elaborate, although its very detailed, it will make it clear.

Around 3 weeks back, I was in a panicky situation due to the H1B cap scenario, so I had to accept an offer from Employer A, which is a consulting firm, (that was the only way for me to maintain my legal status) that applied for my H1. I did pay for my visa, so there are no binding issues with this employer A. The visa did get approved and has the validity dates starting from March 1st 2004. So my status has changed from the earlier F1 visa to the current H1B effective from March 1st (which is only about 2-3 days right now).

Unfortunately, this Employer A does not have any projects right now to place me on, and so I know that I will be benched without pay for atleast until they/myself can find a project for me, which is pretty uncertain right now. And I dont want to get into any labor dispute issues with this employer A, if I can just get the visa transferred.

So my case is that I want to transfer this H1B visa from my current employer A to a new employer B, who has a project ready for me with immediate date of start. The problem is Employer A and B are unable to work on a Corp-to-corp agreement and so I am stuck here without work and pay! Also employer B cannot apply for a frsh H1 because of the cap reached.

So is it possible that Employer B can successfully get the transfer of this H1 visa done from Emploper A, Without the requirement of paystubs from Employer A.

I basically wanted to know that if it is a new H1 visa (say only a week old) and if I need to transfer this visa to a new employer B immediately, but I dont have the paystubs from my current Employer A, then is it possible to get the transfer appoved from USCIS without the paystubs, since I was on less than 30 days on H1 visa when they received the transfer petition?

With the transfer petition, Can I include a covering letter saying that I will be working for Employer A from March 1st 2004 until I get the receipt of the transfer petition - say that date would be 15th March, but since it would be only 10-15 days of work at the most, I wont have the paystubs from Employer A to inlcude with the petition, or even i wont be able to provide those in the future?

Thanks.
 
Provide contract details and letter from employer in lieu of paystubs and include the covering letter
 
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