H1B to H1B w/o paystub w/o joining

K

kay_jay

Registered Users (C)
Hi
I came as a dependant and now I got a job offer in Company X and my H1B got approved with start date on H1B as 16th Dec 2005 and the company had agreed to my start date of 15th Jan 2006. Meanwhile, a good job opportunity had come on my way and I have this job offer here(Company Y), which I am more interested to join, [but I am guessing that HR procedures will take more time to apply my H1b (as there are series of things involved)].

In any case, What is the procedure to transfer the H1B from the Company X to Company Y without joining Company X (without paystubs)? Or can I apply for a new H1B without transfering as there are still 2000 more visas left? How does this work. Which is the best bet? Since I haven't joined either company am I a dependant still? Can anyone advise for my post. Thanks.
 
kay_jay said:
In any case, What is the procedure to transfer the H1B from the Company X to Company Y without joining Company X (without paystubs)? Or can I apply for a new H1B without transfering as there are still 2000 more visas left? How does this work. Which is the best bet? Since I haven't joined either company am I a dependant still? Can anyone advise for my post. Thanks.
Click to expand...

Your new employer simply needs to file petition with all the doc. It's pretty much the same process as the first H1 employer did. Paystub is required to prove they are in status if they were already on H1. If you could prove you are in status in any way(I do not know what status you are on now), that should be enough.
 
Last edited by a moderator:
H1B To H1B Transfer.

Hi,
I am in the exactly same situation as of yours. Would appreciate if you can share some of your findings.

Thanks
 
kay_jay said:
Hi
I came as a dependant and now I got a job offer in Company X and my H1B got approved with start date on H1B as 16th Dec 2005 and the company had agreed to my start date of 15th Jan 2006. Meanwhile, a good job opportunity had come on my way and I have this job offer here(Company Y), which I am more interested to join, [but I am guessing that HR procedures will take more time to apply my H1b (as there are series of things involved)].

In any case, What is the procedure to transfer the H1B from the Company X to Company Y without joining Company X (without paystubs)? Or can I apply for a new H1B without transfering as there are still 2000 more visas left? How does this work. Which is the best bet? Since I haven't joined either company am I a dependant still? Can anyone advise for my post. Thanks.
Click to expand...

I am in exactly same situation as of yours. Any findings that you can share will be greatly appreciated.

Thanks
 
As far now, I haven't got any concrete reply from anyone yet. I am also awaiting for help from someone in this forum. Please guide us.
Thanks.
 
You may ask X to give you a letter stating you were employed by them, if X is generous enough. you can show it if paystub RFE came.
You are currently on H1 without working, which means you are out of status. Most of the application must be filed during you are in status, therefore there is no concrete way to secure the transfer approval if you want to transfer your H1 right now. The worst case senario is you may get H1 approval without I94 if USCIS concluded you were out of status, and you need to go out and come back.

Potential senario is
1. You get luckly and transfer is approved.
2. Transfer denied, but H1 approved. You have to go out to get stamp and come back.
3. Stay at X and work for a while to get paystub, if Y can wait.

I guess timeframe with 3 is shorter than 2. You can try your luck with 1 too.. It's your call.
 
Last edited by a moderator:
Can I know how many paystubs are required? One friend told just 1 is enough, but others in the forum say atleast 3 paystubs are required.
Thanks.
 
You must log in or register to reply here.
Top