H1B transfer between two companies

[saralabiswal]

Hi,

I have the following situation.

Scenario:
=======
The candidate has the H1B and visa stamped using company A. He has arrived and joined the company A in USA. But company A could not able to provide any project or salary from last 2 months.

Now he has an offer from company B and would like to join the company B.

My questions are:
=============

Q1. Does he need the salary slip from the company A to do his H1B transfer to company B.

Q2. If the answer of question 1 is yes, then is there any way he can get around it or he need to have the salary slip from company A.

Q3. Is there any chance that the H1B transfer could be rejected by USBCIS? If so, then does company A gets notified and what will be the H1B visa status of the candidate? Is he going to still be the employee of company A?

Q4. Are there any other factors involved while doing the H1B transfer?

Q5. Any other pointers and suggestions is appreciated.

Thanks

 

[another_fella]

Hi,

I have the following situation.

Scenario:
=======
The candidate has the H1B and visa stamped using company A. He has arrived and joined the company A in USA. But company A could not able to provide any project or salary from last 2 months.

Now he has an offer from company B and would like to join the company B.

My questions are:
=============

Q1. Does he need the salary slip from the company A to do his H1B transfer to company B.

Most probably Yes

Q2. If the answer of question 1 is yes, then is there any way he can get around it or he need to have the salary slip from company A.

If you file transfer without pay-stub, and somehow the transfer gets approved, then it could be without I-94. Which in turn will make the beneficiary to go out of country to get the H1 stamped and then re-enter with new I-94.

Other option: convince CompanyB that offered the Job to work through CompanyA on contract for couple of months, so you get pay-stubs, then you can file the H1 transfer and join CompB fulltime.

Q3. Is there any chance that the H1B transfer could be rejected by USBCIS? If so, then does company A gets notified and what will be the H1B visa status of the candidate? Is he going to still be the employee of company A?

Can it be rejected? not straight-away. But you can expect a Query from USCIS if filed without pay-stubs. Based on how satisfactory the reply is, USCIS will decide on the transfer.

I haven't heard that USCIS notifies earlier company about the intended H1 transfer. Until you start working for CompB using successful H1 transfer, you are still employee of CompA. Even if the transfer comes through, but you decide not to join CompB, your H1 with CompA is still valid and you can continue working with CompA.

Q4. Are there any other factors involved while doing the H1B transfer?

You can think of informing USCIS that the employer is not paying the salary, which has been offered. This will put CompA in jeopardy for violating the labor law, but might help you with the H1 transfer if you plan well and do the H1 transfer in time. But if you decide to go this route there is no coming back, keep that in mind. Also make sure you talk to an attorney of your own, but not the company paid one that does the H1 transfer.

Q5. Any other pointers and suggestions is appreciated.

You mentioned it is 2 months since landing in US on H1 and being without pay. If you continue being in this situation any longer you will have difficulty with the legal status and such things. It will be pulled up against you later if you apply for employment based GC.

These are based on what I read around here on the message board, and I strongly suggest that you talk to a well qualified attorney before doing one way or the other.

Good luck!