H1B transfer issue

O

old_buddy

New Member
Hi all,

This is my first post on immigrationportal.com . I am on a H1B visa but was in my home country for 3-4 months doing highly sought after IT training. The actual training lasted for about 6 weeks.

Now my question is if I want to transfer my H1 to another company, I dont have the past 3-4 months paystubs which I heard are required.
Would that be a problem for me and how can I resolve it. Urgent responses would be much appreciated.
Thank you all for your time .
 
old_buddy said:
Hi all,

This is my first post on immigrationportal.com . I am on a H1B visa but was in my home country for 3-4 months doing highly sought after IT training. The actual training lasted for about 6 weeks.

Now my question is if I want to transfer my H1 to another company,
I dont have the past 3-4 months paystubs which I heard are required.
-----------------work and get 2-3 pay stub then let the new employer file H1 transfer. are you in US or home country.
Would that be a problem for me and how can I resolve it. Urgent responses would be much appreciated.
-------------if employer sent you for IT training then he is supposed to Pay you ask for the payment.
Thank you all for your time .
Click to expand...
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Thanks Ginnu for your reply.

I just returned to the US couple of days back.
Is there a way out meaning I dont want to work for my current employer and then transfer. Secondly the training was not company paid, I did it on my own initiative.
In the worst case scenario, if I apply for the transfer without current paystubs and it is rejected would I still be able to work with my original employer?

Thanks for your time
 
old_buddy said:
Thanks Ginnu for your reply.

I just returned to the US couple of days back.
Is there a way out meaning I dont want to work for my current employer and then transfer. Secondly the training was not company paid, I did it on my own initiative.
-------------------------Get the letter that you were out of US for training or unpaid leave. best option is to work and get 2 pay stubs
In the worst case scenario, if I apply for the transfer without current paystubs and it is rejected would I still be able to work with my original employer?
-----------------------talk to new company Lawyer
Thanks for your time
Click to expand...

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You can try applying with whatever pay-stubs you have, and then explain saying you were vacationing or had to go home for personal stuff etc. I am sure they would consider if you can provide valid explanation. If your H1 transfer gets into issue, you can always work with the current employer as long they have the valid I-797.

If your H1 transfer is accepted without Pay-stubs, it could be approved without I-94, which means you have to go out of country to get H1 re-validated then you can start working for the new company.

Conservative approach would be to work for current employer for couple of months, get pay-stubs, then get the H1 transfer worked out and move on.

Optimistic approach would be to apply with the most recent pay-stubs and explanation about being on vacation.

Good luck and keep us posted.

old_buddy said:
Thanks Ginnu for your reply.

I just returned to the US couple of days back.
Is there a way out meaning I dont want to work for my current employer and then transfer. Secondly the training was not company paid, I did it on my own initiative.
In the worst case scenario, if I apply for the transfer without current paystubs and it is rejected would I still be able to work with my original employer?

Thanks for your time
Click to expand...
 
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