H1B transfer-how long after joining.

[barryfaetheus]

An acquaintance of mine is intending to come to the US on a H1B visa to begin a job in the near future with employer A. If she doesn't like it, how soon after starting is she eligible to look for another job and have another employer B transfer the visa?

Like I understand that there is a requirement to provide paystubs etc with the transfer application. How far back are paystubs needed, would say 1-2 months be enough if this is the entire duration the employment has been active, or must it be longer?

thanks

 

[EricS]

1 to 2 monts of pay stub is good for transfer, but be careful, now a days it is very difficult to obtain H1 transfer unless the sponsor can show a real need to hire H1 candidate.

 

[ginnu]

An acquaintance of mine is intending to come to the US on a H1B visa to begin a job in the near future with employer A.
-------------------Make sure A has job and will pay.
If she doesn't like it,
------------------what she does not like? employer or working?
how soon after starting is she eligible to look for another job and have another employer B transfer the visa?
Like I understand that there is a requirement to provide paystubs etc with the transfer application. How far back are paystubs needed, would say 1-2 months be enough if this is the entire duration the employment has been active, or must it be longer?

thanks

one needs 2-3 pay stubs to transfer H1 and she may not find new employer to file H1 transfer and USCIS at this time is rejecting H1 extensions and H1 transfers by most of consulting companies. This time many don’t hire H1 holders.

 

[barryfaetheus]

1 to 2 monts of pay stub is good for transfer, but be careful, now a days it is very difficult to obtain H1 transfer unless the sponsor can show a real need to hire H1 candidate.

Is it more difficult to obtain a H1 transfer than have an initial H1 petition approved, or is the burden of proof on the employer pretty much the same?
thanks

 

[ginnu]

Is it more difficult to obtain a H1 transfer than have an initial H1 petition approved, or is the burden of proof on the employer pretty much the same?
-----------------------At this time US employer is not ready to file H1 transfer (paying about $3500 that include USCIS fee and lawyer fee) and then USCIS is sending RFE for many documents. If H1 transfer is filed by consulting company 99% it is being rejected or asked lot of documents that employer cant provide. Same problem with new H1 USCIS is asking lot of documents. Read the below info posted by lawyer


thanks

Matthew Oh Attorney Reporting
06/03/2009: Increasingly Hostile Environment in the U. S. Against H-1B Foreign Workers

H-1B foreign worker visa program has been facing hostility all over lately. Introduction of H-1B restriction bill in the Congress is just one environment that has been widely publicized. However, at the administrative level, the H-1B visa program has been going through a number of problems without much publicity. For Fiscal Year 2010 H-1B program, unlike previous years, there is a short of H-1B petitions to fill the annual cap this year two months after the agency first started taking in the petitions beginning from April 1, 2009. On the surface, the workloads of the new H-1B petitions have been substantially reduced for the agency, but in reality, the employers that filed the new H-1B petitions have been facing tons of boiler plate Request for Evidence demanding tons of documents over and over causing tremendous delays in adjudication of the petitions. The hostile environment does not end with the new H-1B petitions. Report indicates that the H-1B workers are increasingly stranded abroad not being able to obtain the visa stamp abroad pending so-called protracted security checks and consequently not being able to return to the U.S. to resume employment. Should this environment continue, the business environment for the U.S. businesses will continuously deteriorate and the businesses will continuously suffer unless they take out their businesses and jobs abroad to meet the needed workforces in order to stay in business in increasingly competitive global economy. Nothing will be able to stop the offshore outsourcing of the U.S. businesses. This is something the Obama Administration should think about very quick before too late.