H1 Transfer without paystubs

S

slim_shaddy4u

New Member
I am currently working for company ‘A’ for 3 months on OPT which is valid till January08. They want to transfer my approved H1 which was filed by company ‘B’. I don’t have any pay stubs from company ‘B’ as I never worked for it and don’t want to either.

1. Can my current employer company ‘A’ file for H1 transfer before October 1st when my H1 status becomes valid ?
2. Do I need pay stubs from company ‘B’ for H1 transfer filing ?

Please help…
 
What's the start date of the H-1B petition filed by empoyer 'B'? If that's 3 months past, then you need paystubs from that employer for an H-1B transfer. Otherwise a new H-1B is required (this is subject to quota) to be filed by employer A based on your current status. That's my 2 cents.
 
I haven't head of H-1B transfer without paystubs. Somene with an experience may add here.

Please note after October 1, 2007 your status will automatically changed to H-1B filed by employer 'B'. Also, due to quota issues employer 'A' cannot file a new H-1B from that would have pulled you out of your current OPT status.
 
manwithnoname said:
I haven't head of H-1B transfer without paystubs. Somene with an experience may add here.

Please note after October 1, 2007 your status will automatically changed to H-1B filed by employer 'B'. Also, due to quota issues employer 'A' cannot file a new H-1B from that would have pulled you out of your current OPT status.
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I am in the exact situation as the OP and I posted my question somewhere here in this forum, but never heard from anybody. You said, "If that's 3 months past, then you need paystubs from that employer for an H-1B transfer." Does that mean I can transfer my H1-B to company "B" until Jan 1, 2007? My H1-B start date is Oct 1 and it will be 3 months past in Jan 1.

Thanks
 
manwithnoname said:
Please explain your situation citing the visa status and employment scenario.
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Here is my story:
I have got my H1-B approved effective Oct 1, 2007 (US Master Quota). I am not starting with my current company until Jan 2 as I am completing my second Master's in different state and they are ok with it.

Now I got a new job offer where I was doing a summer internship. They are in the process of doing my H1-B, but the problem is they may not be able to send my application to USCIS before Oct 1. After Oct 1, I will not have pay checks as USCIS may ask for it as I was supposed to be working for my current company (current company=the one that did my H1-B already).

My question is, how would I go about solving this issue? I have original I-94 and photocopy of the aproved letter from my current company. And, the current job offer only requires BS degree, but the first job required Master's degree. Thanks.
 
So, assuming! that we canot file for H1 transfer without working for original company that filed our H1 (because we will not have any paystubs), Is there a minimum time requirement to work for our original H1 filing company before we can file for transfer ?
 
manwithnoname said:
How your new employer is applying for H-1B? Is that a H-1B transfer or a new application?
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I have not met with the company lawyer yet, but my guess is that they will do whatever is needed (legally) to keep me there. I will be meeting with the lawyer hopefully tomorrow and I will have an idea what she is planning on doing. I just wanted to get some idea how the whole process works before I go see her.

Which one is better in my case? Transfer or New Application? If it is new application, is it subject to quota? Thanks.
 
slim_shaddy4u said:
So, assuming! that we canot file for H1 transfer without working for original company that filed our H1 (because we will not have any paystubs), Is there a minimum time requirement to work for our original H1 filing company before we can file for transfer ?
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Not sure whats minimum - but I have transfered H-1B with a single paystub.
 
nixone said:
I have not met with the company lawyer yet, but my guess is that they will do whatever is needed (legally) to keep me there. I will be meeting with the lawyer hopefully tomorrow and I will have an idea what she is planning on doing. I just wanted to get some idea how the whole process works before I go see her.

Which one is better in my case? Transfer or New Application? If it is new application, is it subject to quota? Thanks.
Click to expand...

H-1B transfer usually supported by paystubs whereas a new H-1B is subject to quota.
 
manwithnoname said:
H-1B transfer usually supported by paystubs whereas a new H-1B is subject to quota.
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I met with the company lawyer and she asked me if I can produce a couple of paystubs if USCIS asked for it. I told her I will not be able to do that as I will not work for them until Jan 2. Then, she said it is not good idea to go ahead with my application process. I lost my new job offer. I lost my part-time CPT job with the same company as the lawyer told that I can not use my CPT starting Oct 1. Now I am going back to my old company in January.

Now I am just waiting to finish my master's degree. I am not sure what will happen when my school find outs that I am no longer in F-1 starting tomorrow.

Do you know what will happen to my GA position and tuition waiver if school finds out?
 
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