H1B Transfer No Pay stubbs

[paulpgen]

Hi,

I moved out of US on 30 Dec when my project ended. My visa is still valid for 6 months.
I want to transfer my H1. My new employer tells me that
1. I don't need pay stubs because no extension of stay is required as I am already outside US.
2. There is no hurry for filing transfer as there is no time limit
3. Transfer can even be filed after my current employer cancels my H1

Can anyone verify this info for me.

 

[ginnu]

Hi,

I moved out of US on 30 Dec when my project ended.
-------------------if you are out of US then you cant file H1 transfer. your new employer can file New H1 petition.
My visa is still valid for 6 months.
I want to transfer my H1. My new employer tells me that
1. I don't need pay stubs because no extension of stay is required as I am already outside US.
-----------------that is correct
2. There is no hurry for filing transfer as there is no time limit
-------------------------correct
3. Transfer can even be filed after my current employer cancels my H1
-----------------if your employer cancels your H1 by writing to USCIS then new employer can file fresh H1 petition for you. while you are out of US you are NOT on H1 status.
Can anyone verify this info for me.

----------------

 

[paulpgen]

New Petition

Hi Ginni,

Thanks for your reply. Please clarify what do you mean by filing a new petition. Does that mean I would come under the quota 65000 for current year.
Would I have to wat till next quota is released to start working

 

[ginnu]

Thanks for your reply. Please clarify what do you mean by filing a new petition. Does that mean I would come under the quota 65000 for current year.
--------------------- you will not be under the quota .
Would I have to wat till next quota is released to start working

---------------you can start working once H1 petition gets approved . it may take 3-5 months for approval.If filed with premium processing it takes 20-25 days from the date USCIS receives the petition. For more info talk to your lawyer/employer.