H1B transfer issues

H

H1Bdude

Registered Users (C)
I cant post this for the past one day :(. It says its posted but I dont see it.

Can some one please suggest what would be a best way
to change employer?

I am working for an employer on H-1B and I dont have a
great rapport now. He doesnt appear to be the same
person I knew before. I have another guy who is known
to a couple of my friends and is known to be
reliable(as of now :( .. ). I would like to transfer
my H-1B to this new guy but I didnt get the paper work
from this guy. I am sure this guy wouldnt give them to
me even if I ask them.

How imp is the paper work he has for me to file a
transfer?
I assume USCIS has all my info and transfer paper work
I would file. Is it still necessary??

Is that paper work necessary even if I apply for a new
H-1B from this guy?

Please advise.
Thanks.
 
All you need from your current employer are the paystubs. If your documents (like degree certificate etc.) are with the employer, you can employ a lawyer to extract them later after h1 transfer.
 
I am guessing the required paperwork that H1Bdude meant was the H1 approval "notice of action" paper with the slip and the I-94 card attached.

If that is what you meant, then - Yes the H1B approval papers are definately required (even a copy should be fine) - if you want to do a H1 transfer.

Also as jaxen2 mentioned, you should also try to get (highly recommended to have) paystubs from that employer to prove that you had maintained your H1 status.

I think in your case, depending on how much time you have spent in the U.S. and on what status (with proof such as employment paystubs, etc.) the best advice on how to get an H1 (a transfer or a new H1) should be taken from an experienced attorney.
 
You should be able to obtain the H-1B approval notice from your employer if you do not already have it. In fact, when the H-1B is approved, two of these approval notices get sent out--one is the original and one as a courtesy copy. You as the beneficiary of the petition and as the person who needs to be able to verify your status with the valid I-94 that is on the bottom of the H-1B approval if you had changed status, need to have the original H-1B approval notice anyway.

As for the paycheck stubs, you should have these as well for the transfer H-1B petition, but if you are getting paid on a regular basis, you should already have these anyway.
 
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