h1b transfer from A to B - before starting to work under A

A

aditya_1981k

Registered Users (C)
A consulting agency applied for my h1b and it got approved for me to be able to start working from October04
Now the issue is, I may have the opportunity to get hired by a regular company.
I have not even found a project or contract under the consulting agency and dont think I'll be able to find one under them anytime soon. And no project means no pay stubs. So how will I go about having my h1 transferred to the new company without having to start working under the consulting agency.
Your reply is greatly appreciated
I am in US now and in OPT till OCT
Thank You
adi
 
aditya_1981k said:
A consulting agency applied for my h1b and it got approved for me to be able to start working from October04
Now the issue is, I may have the opportunity to get hired by a regular company.

----- work with company who got H1B approved, get recent 2-3 pay stubs then file H1 transfer with new company
I have not even found a project or contract under the consulting agency and dont think I'll be able to find one under them anytime soon.
--- it is the duty of company to find work for you and if they did not have work why they applied H1B??? they have to pay you minimum as written on LCA
And no project means no pay stubs. So how will I go about having my h1 transferred to the new company without having to start working under the consulting agency.
--- you canot TRANSFER H1 with out recent 2-3 paystubs
Your reply is greatly appreciated
I am in US now and in OPT till OCT
---- I dont answer for F1 or OPT others may help
Thank You
adi
Click to expand...
 
No need of any pay stubs

If you are not started your work, go and apply for H1B transfer in premium process. INS ask last 2 paystubs from the date you apply for transfer.
If you delay you may have to produce 2-3 paystubs. If apply now, you no need to.
 
Hi Aditya,
Even i am facing the same problem. I spoke to an immigration attorney and he told me that if i file an H1transfer before my first paycheck is generated than INS wont ask for paystubs. But i wanted to confirm it. Did you find any details. you can contact me at chiragmis@hotmail.com with moredetails if you have.


thanks
chirag
aditya_1981k said:
A consulting agency applied for my h1b and it got approved for me to be able to start working from October04
Now the issue is, I may have the opportunity to get hired by a regular company.
I have not even found a project or contract under the consulting agency and dont think I'll be able to find one under them anytime soon. And no project means no pay stubs. So how will I go about having my h1 transferred to the new company without having to start working under the consulting agency.
Your reply is greatly appreciated
I am in US now and in OPT till OCT
Thank You
adi
Click to expand...
 
h1b xfer- required doc: pay stub

Similar issue...

Company A (some consulting Agency) filed for my h1b in April 2004 for me to be able to start working from Oct 2004. Today is Oct 8, I still have not officially started working for Company A (some usual delay due to their internal office issues, u know), and besides it's week 1, no pay check has been generetaed as yet anyways. Fortunately there is this AWESOME Company B willing to do xfer of h1b right away. Now, I know that one of the required docs for this process is pay stub, that in my case, I dont have any at least at this point of time. In my case, am I still required to show company A pay stubs for h1b transfer to company B. I would have understood submitting pay stubs if I had been working for the company A for a few weeks now and had bunch of pay stubs in my wallet. Help Appreciated!

* In other words, for h1b xfer from company A to B, is it a pre-requisite that one must have previously worked for Company A?

* How long must one have worked for company A? Is there a minimum time? or a minimum number of stubs? Is a day, a week, or even 2 weeks enough? hence a day/a week's/2 week's (respectively) pay stub enough to be submitted?

* Does the pay stub have to be weekly, bi-weekly, or daily?

* If no pay stub is available, can a leave of absence document submitted instead?

* If without pay stub, when company B applies for the fresh H1b from scratch, will that count against the H1b cap (that unfortunately has reached)? If so, how can I go about resolving this issue? I really want to start working for company B ASAP! Please suggest what is it that I need to work out with company A. THANXXXXXXXXX!
 
No

sais78 said:
Similar issue...

Company A (some consulting Agency) filed for my h1b in April 2004 for me to be able to start working from Oct 2004. Today is Oct 8, I still have not officially started working for Company A (some usual delay due to their internal office issues, u know), and besides it's week 1, no pay check has been generetaed as yet anyways. Fortunately there is this AWESOME Company B willing to do xfer of h1b right away. Now, I know that one of the required docs for this process is pay stub, that in my case, I dont have any at least at this point of time. In my case, am I still required to show company A pay stubs for h1b transfer to company B. I would have understood submitting pay stubs if I had been working for the company A for a few weeks now and had bunch of pay stubs in my wallet. Help Appreciated!

* In other words, for h1b xfer from company A to B, is it a pre-requisite that one must have previously worked for Company A?
No not at all. Do you know company A or X can make H1 for you even with your knowlegde. How are you going to work for all those company.?
* How long must one have worked for company A? Is there a minimum time? or a minimum number of stubs? Is a day, a week, or even 2 weeks enough? hence a day/a week's/2 week's (respectively) pay stub enough to be submitted?
Refer to First question answer
* Does the pay stub have to be weekly, bi-weekly, or daily?
USUALLY BI WEEKLY OR MONTHLY.

* If no pay stub is available, can a leave of absence document submitted instead?

* If without pay stub, when company B applies for the fresh H1b from scratch, will that count against the H1b cap (that unfortunately has reached)? If so, how can I go about resolving this issue? I really want to start working for company B ASAP! Please suggest what is it that I need to work out with company A.
JUST GO AND TRANSFER H1 WITH PREMIUM PROCESS IMMEDIATELY. IF INS ASK PAY STUB YOU CAN TELL YOU ARE NOT JOINING THEM OR THEY ARE NOT TAKING THEM . IT MUST BE DONE BEFORE FIRST PAY CHECK DAY (I.E. 30 DAYS MAXIMUM) IF YOU DELAY YOU LOOSE YOUR STATUS BECAUSE OF NO PAY CHECK.THANXXXXXXXXX!
Click to expand...
 
Did anyone succeed on this one by doing premium?
Some lawyer say that even in the case of premium, the INS will hold the case until pay stub generated to check the status maintanence.
So please post feedback or results on applying premium. Does it work?
Thanks!
 
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