H1B transfer - Help needed

[victor_shark]

Hi,

I had some questions regarding changing employers while on H1B.Pl advice me on the same:

I have a valid H1B petition and valid visa stamping from my current employer till Jun 2008.I was working in the US for the past 4 years (for my current employer) and just 3 months back I returned to India to work on a project here.Now I am interested to join another employer (who is in the US).I have the following queries:

1) Can another company in US apply for a H1 petition (not a new H1) for me while I am in India? Will it be considered a totally new H1 petition or just a transfer i.e will it come under the H1B cap for the year?

2) If the answer to (1) is yes,are recent US paystubs required from current employer for getting the H1 approval? I do have paystubs dated 3 months back and earlier.

3) If the answer to (1) is no,what are the legal ways in which I can travel to the US and work for the new employer.

Looking forward to your advice.

Thanks,

 

[great guru]

Hi,

I had some questions regarding changing employers while on H1B.Pl advice me on the same:

I have a valid H1B petition and valid visa stamping from my current employer till Jun 2008.I was working in the US for the past 4 years (for my current employer) and just 3 months back I returned to India to work on a project here.Now I am interested to join another employer (who is in the US).I have the following queries:

1) Can another company in US apply for a H1 petition (not a new H1) for me while I am in India? Will it be considered a totally new H1 petition or just a transfer i.e will it come under the H1B cap for the year? This new h1 without an I 94 will not come under cap.
2) If the answer to (1) is yes,are recent US paystubs required from current employer for getting the H1 approval? I do have paystubs dated 3 months back and earlier. For this new H1 you do not need a pay stub becasue this is not transfer/- maintaining the status.

3) If the answer to (1) is no,what are the legal ways in which I can travel to the US and work for the new employer.

Looking forward to your advice.

Thanks,

 

[victor_shark]

Hi,

So essentially you are saying that the new US employer can indeed file a new H1 petition for me (while I am in India) without going thru the cap.

So if this petition is approved,can I travel on my existing valid stamping or do I need to get another stamp for the new petition(employer).Pl let me know.Thanks!

 

[great guru]

You must get your new stamping.

Hi,

So essentially you are saying that the new US employer can indeed file a new H1 petition for me (while I am in India) without going thru the cap.

So if this petition is approved,can I travel on my existing valid stamping or do I need to get another stamp for the new petition(employer).Pl let me know.Thanks!