h1 transfer - very confused-Pls Help!!

[h1bguyyy]

Hi Guys,

I have never had a H1 transferred so I'm very confused.

1) I work for Company A. Let's say Company B files for H1transfer on Dec 12th . Am I supposed to stop working for Company A right away on Dec 12th? or can I give them a notice to quit and continue to work for next two weeks?

2) Can there be any gap? Meanng that let's say I end my job at Company A on January 2nd, do I have to start at COmpany B right away on January 3rd? or can I take some time off?

Any help/advice would be greatly appreciated.

 

[GotPR?]

1. Filling transfer does not force you to quit A. In fact, you can keep working for A even after transfer is approved unless A cancels your H1B.
2. Remember H1B status is good only when you are on payroll. It's better not to have gap, but short gap should not be serious issue.

 

[dsugandhi]

1. Filling transfer does not force you to quit A. In fact, you can keep working for A even after transfer is approved unless A cancels your H1B.
2. Remember H1B status is good only when you are on payroll. It's better not to have gap, but short gap should not be serious issue.

GotPR,

I read many of your post related to H1 and H4's. Here is my wife's case detail please advice us what should we do?

My wife is on H1 and in US right now. She came to US on H4. Her H1 got approved on October 2004 but she started working from March 2005. She does not have W2 for the year 2004 and pay slips till Feb 2005 as she started working from March 2005. She has H4 stamp on her passport but no H1 stamp. She is going to visit her home country(India) in March 2006. By that time she will be having W2 for the year 2005 and all the pay slips from March 2005 till Feb 2006. She has to visit Mumbai consulate for H1 Visa stamping.

We have following questions:
1. Is she out of status from October 2004 till March 2005?
2. She is visiting Mumbai Consulate in March 2006, do you think any issue while stamping for H1?
3. Any suggestions for stamping/papers etc?

Thanks for your reply,

 

[GotPR?]

1. I guess she filed COS. If so, once H1 start date is reached, status is changed to H1 upon start date. In strict sense, she was out of status from the start date on paper til March 2005.
2. Since she has recent paystubs that prove she is in status right now, she should be fine. I do not think they ask all the paystub or W2 form(at least, i was not asked by US consulate in my country), but i'm sorry i'm not familiar with how US consulate in India works.
May be some indian folks who experienced stamping can tell.

 

[h1bguyyy]

1. Filling transfer does not force you to quit A. In fact, you can keep working for A even after transfer is approved unless A cancels your H1B.

Thanks for the answer. So then Company B can file for transfer right now and let's say the transfer is complete by begining of February. However; for personal reasons I cannot start with Company B until March. Then if I understand you correctly, I can continue working for Company A until March (provided they don't cancel my H1) and just move to B at that time?

But how can I work continue to work on A while my H1 has been transferred? or would i be holding two h1s for that period of time (february)?

 

[GotPR?]

H1 is not something to "transferred". You have 2 valid H1s unless it was cancelled by employer(though you may not be able to take both at the same time). if you move to B, and later you want to come back to A, you can do that w/o filing petition (if A did not cancel your H1 with A).
I read this on Murthy.com chat log, i guess.

 

[iamhere9]

Are Paystubs necessary ?

Are Pay stubs mandatory for H1 Transfer? I have a friend in similar situation, His company could not depute him to the right project and never paid him since last 1 month, now he is getting many offers, is H1 transfer possible in his case without pay stubs ?

 

[great guru]

If you do not have Paystub earlier transfer is better putting the reason of not paying by the first employer.

Are Pay stubs mandatory for H1 Transfer? I have a friend in similar situation, His company could not depute him to the right project and never paid him since last 1 month, now he is getting many offers, is H1 transfer possible in his case without pay stubs ?