H1B transfer questions

A

adapa

Registered Users (C)
My cousin is currently working for a University on H1B (exempt) and he has an approved H1B (non-exempt from an IT consultancy) with a start date in January 2007. He never started working for that consultancy company. Due to poor marketing, he never got any interviews. Now that he got (on his own) an offer from a multinational company for a full time and another offer from a major consultancy company, can he go to any of those companies transferring his H1B (non-exempt) to any of them (both of those companies are asking for H1B transfer). His questions are...

1. Can he transfer his H1B (non-exempt) from current consultancy company to any of those two companies as he does not have a single pay stub from that consultancy company? But he has up-to-date paystubs from the University job (exempt H1B) for last three years (or) does he have to have atleast few stubs from that consultancy before he can transfer his non-exempt H1b from that consultancy to any of these two companies?

2. As he never worked for that consultancy company (since it started 9 months ago in Jan 2007)...would his H1B go void by this time as new H1B period is going to start in next couple of days?

We sincerely appreciate any input on this .....

Thanks,
 
For H-1B transfer, your cousin have to produce at least one recent paystub.

Your cousin should check on the current status: most probably the new H-1B (non-exempt) override the earlier H-1B.
 
Without paystub some time you may get H1 transfer but not status. In this case you may have to go out of US to get your H1 visa stamped / re enter before start working. But in the consulate, checking will be there about your 9 months stay in US/H1 without any pay check.

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adapa said:
My cousin is currently working for a University on H1B (exempt) and he has an approved H1B (non-exempt from an IT consultancy) with a start date in January 2007. He never started working for that consultancy company. Due to poor marketing, he never got any interviews. Now that he got (on his own) an offer from a multinational company for a full time and another offer from a major consultancy company, can he go to any of those companies transferring his H1B (non-exempt) to any of them (both of those companies are asking for H1B transfer). His questions are...

1. Can he transfer his H1B (non-exempt) from current consultancy company to any of those two companies as he does not have a single pay stub from that consultancy company? But he has up-to-date paystubs from the University job (exempt H1B) for last three years (or) does he have to have atleast few stubs from that consultancy before he can transfer his non-exempt H1b from that consultancy to any of these two companies?

2. As he never worked for that consultancy company (since it started 9 months ago in Jan 2007)...would his H1B go void by this time as new H1B period is going to start in next couple of days?

We sincerely appreciate any input on this .....

Thanks,
Click to expand...
 
Thank you GreatGuru!

Do you suggest him to work for the consultancy for few months in order to avoid the hassle of going out of the country to get the visa stamped (I have 1 yr and 8 months more left on H1B clock)?

thanks for your time and advice....
 
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