H1B portability issue

arrvee

New Member
Hi Everyone
I am presently working as a consultant for Company A, who got my H1 approved in Oct 2004. Till Dec 2004, they werent paying me saying that since I was not working on a project, they cudnt pay me. However in Jan 2005 I got placed in a project and since then I am getting paid appropriately. I have all my payslips etc.
Now I have an offer from Company B, who are willing to transfer my H1. I want to know:-

Q: Since I was legally out of status for 3 months but maintaining status presently, can there be a potential problem in H1 transfer? What steps can I take from my side to insure a smooth transfer?

Q. Can this issue come to haunt me in the future, like when I am going for adjustment of status?

I appreciate any replies.

Thanks
AV
 
H1 Transfer

arrvee said:
Hi Everyone
I am presently working as a consultant for Company A, who got my H1 approved in Oct 2004. Till Dec 2004, they werent paying me saying that since I was not working on a project, they cudnt pay me. However in Jan 2005 I got placed in a project and since then I am getting paid appropriately. I have all my payslips etc.
Now I have an offer from Company B, who are willing to transfer my H1. I want to know:-

Q: Since I was legally out of status for 3 months but maintaining status presently, can there be a potential problem in H1 transfer? What steps can I take from my side to insure a smooth transfer?

-- H1 transfer requires latest 2-3 paystub and H1 approval notice of your present employer. As you have been paid since Jan, You shouldn't face any probs during your H1 B transfer it should be smooth.

Q. Can this issue come to haunt me in the future, like when I am going for adjustment of status?

-- There is slight possiblity, if consular asks you about your W2 then there can be a problem.

I appreciate any replies.

Thanks
AV
 
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