H1B Transfer Without Payslip!!

A

a_kapoor

Registered Users (C)
I am still in india on H1B of Company A and I will be coming to US next month however I got a better offer with Company B who are willing to transfer my H1.

1) Now as soon as I reach US, the very same week I will apply for H1 transfer however I dont have the payslip of Company A since I never worked for it? Will it cause any problem??

2) If the LCA approval comes will I need new stamping?


I know I can apply for H1 transfer now but I dont want to because in india H1 stamping dates are all occupied and it will takes months so I am planning to enter US on company A H1 and soon after that transfer to Company B H1.
Are there any legal implications from H1 point of view??
 
a_kapoor said:
I am still in india on H1B of Company A and I will be coming to US next month
------enter only if you have job offer from A

however I got a better offer with Company B who are willing to transfer my H1.

1) Now as soon as I reach US, the very same week I will apply for H1 transfer however I dont have the payslip of Company A since I never worked for it? Will it cause any problem??
-------------YES
2) If the LCA approval comes will I need new stamping?
----------- LCA is filed with H1 petition. what do you mean by LCA?

I know I can apply for H1 transfer now
----- H1 TRANSFER can be applied in US only for that you need valid I-94 and 3-4 recent pay stubs.
but I dont want to because in india H1 stamping dates are all occupied and it will takes months so I am planning to enter US on company A H1 and soon after that transfer to Company B H1.
Are there any legal implications from H1 point of view??
Click to expand...
 
Ginnu:

Well most of the guys have very wrong perception of H1B transfer.

1) H1B transfer can take place in all of the following conditions:
1a) Company A files for H1B, got approval.Candidate is currently out of US and never went for stamping(does not hold any US visa, have never been to US). Now company B filed for transfer using Company A's approved petition.
1b) Company A files for H1B, got approval.Candidate is currently out of US and goes for stamping in his home country, never came to US and now company B files for H1B transfer.
1c) Candidate enter US with company A's H1 and transfers H1B immediately to company B. THIS IS ALSO VALID AND THE APPROVAL WILL ALSO COME as company B needs to substantiate their claim against company A while filing H1 transfer.. NOTHING MORE THAN THIS.

However my question is will it cause any problems.. If any body has done like that, did they face anything???

ALL of ABOVE CONDITIONS ARE VALID and MY EARLIER ATTORNEY DID THAT LOT OF TIMES.


Now coming on to my case:

1) When you say ------enter only if you have job offer from A, what does this means??

2) Now as soon as I reach US, the very same week I will apply for H1 transfer however I dont have the payslip of Company A since I never worked for it? Will it cause any problem??
-------------YES

What problem do you think it will cause???
 
a_kapoor said:
Ginnu:

Well most of the guys have very wrong perception of H1B transfer.

1) H1B transfer can take place in all of the following conditions:
1a) Company A files for H1B, got approval.Candidate is currently out of US and never went for stamping(does not hold any US visa, have never been to US). Now company B filed for transfer using Company A's approved petition.
-------------- that can be done but it is not transfer it is new H1 petition by B

1b) Company A files for H1B, got approval.Candidate is currently out of US and goes for stamping in his home country, never came to US and now company B files for H1B transfer.
------------company B can file H1 and once H1 gets approved get H1 visa stamp based on B petition approval and enter US
1c) Candidate enter US with company A's H1 and transfers H1B immediately to company B.
-------------can enter US if A has job for him
THIS IS ALSO VALID AND THE APPROVAL WILL ALSO COME as company B needs to substantiate their claim against company A while filing H1 transfer.. NOTHING MORE THAN THIS.

However my question is will it cause any problems.. If any body has done like that, did they face anything???

ALL of ABOVE CONDITIONS ARE VALID and MY EARLIER ATTORNEY DID THAT LOT OF TIMES.
----------------- then go to your lawyer and ask the legal comlications in your situation and take the risk at POE

Now coming on to my case:

1) When you say ------enter only if you have job offer from A, what does this means??
--------------- if you have company A H1 petition approved then A need to have job for you, if A does not have job for you then POE officer can refuse your entry to US. H1 is approved for joining A for particular job not for shoping jobs
2) Now as soon as I reach US, the very same week I will apply for H1 transfer however I dont have the payslip of Company A since I never worked for it? Will it cause any problem??
-------------YES



What problem do you think it will cause???
Click to expand...
 
Well my friend u have a very wrong idea.

1a) is not fresh H1B petiton , its H1B transfer. I have a written confirmation with USCIS on that.

Neways I guess I need to look somewhere else for the information I need.
 
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