H1B Transfer - What if Denied?

B

BKK

New Member
Hi,

I came into US on March 30th 2004. I was on Bench and Company A did not pay me any Salary. I was then offered by Company B to come on-board and take up a Project on April 25th 2004. They immediately applied for a H1B transfer petition on April 23rd 2004. After 3 months USCIS aske me RFE i.e to furnish pay stubs for Company A and my previous paystubs before coming to US for the Transfer to be completed? I have now submitted my Previous paystubs before coming to US and obviously do not have any paystubs from Company A !!

My question:
1. Will the H1B Transfer go through?
2. If my H1B Transfer is Denied, can I go back to Company A and work with them without having to go out of the country and go through the H1B visa stamping?

Your help would be immensely appreciated.

Thanks for such a helpful forum.
BKK.
 
You may have problems in getting your H1-B transfer as you are changing your employer within 30 days.( I don't specifically know the minimum number of days you have to work for an employer before you apply your transfer ).

Also Company A has violated the H1-B regulations. They have to pay you. They cannot bring somebody here and not pay them.

It all depends wether your old company informed USCIS they you are no longer employed by them. In that case you will have to go back if your H1-B transfer is denied.

HTH
 
is there a rule saying we cant go for H1 transfer if we are not with the current player for less than 30 days?
 
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