H1B Transfer

[jayesh_a_joshi]

Hi There,

One simple question answer of which I could not find on US Immigration site.
My present employer "A" has applied for my H1B. Status is still pending.

Now if at this stage if I join company "B"
Can I get my H1b transfered to my New employee?

Else if I wait till my H1B has come and than join "B"
Can I get my H1b transfered to my New employee?

Else if I wait till my present employee sends me for Stamping of my H1B,
Can I get my H1b transfered to my New employee?

Please help me solve this doubt of mine.

Thanks,
JJ

 

[hathwar]

Are you in the US? If yes then what is your current status?
If you are on H1-B and have 3-4 recent paystubs then you can ask the other company to transfer your current H1-B. If you are on any other status then you must work for the sponsoring company till you have 3-4 paystubs and then apply for transfer.

 

[Justforkix]

H1B Portability

Hi:

Could anyone please help me out a little bit?

I am a Canadian citizen on an H1B visa here that is valid until 2007. My employer told me on 12-01-04 that my job would be eliminated after 12-31-04. My wife is on an H4. We both applied for a transfer to B2 status on 12-26-04, which is still pending with the USCIS.

There is a possibility that I would be hired by a new employer starting 02-01-05. Would someone please tell me:
[A] If my H1B is portable.
If it is, how does my new employer go about regularizing it.
[C] Or, would the new employer have to apply for a new H1B?

Any help in this regard would be highly appreciated.

Thanks a lot!

 

[jayesh_a_joshi]

Hi hathwar,

I am not in USA.
My H1B petition is in pending state. Its application for fresh H1B visa and not an extention application.
I do have valid B1 as of present state.
Now I am getting good opportunity with other company.
So I was wondering is it possible for me to transfer my H1B to new employer.

I am willing to wait in present company till the time, become eligible for H1b transfer.

So can you tell me at what stage my new employer can apply for H1B transfer :
1) When My H1B petition is yet in pending stage
2) When my H1B petition is approved.
3) When I habe H1B stamped on my passport
4) When I come to USA on this Visa.

I highly appreciate your help.

Thanks,
JJ

 

[jayesh_a_joshi]

H1 Transfer - Advanced

Hi Rincytom,

Thanks for the detailed answer.
My doubt is almost clear. But in light of these facts, can you tell me what documents of H1b are required from my side?
My H1b petition is approved.
I only have receipt number which my employer gave me and no other document.

So what all I will be needing? What documents I should take from my Employer for transfering H1b to my new employer?


Thanks and regards,
JJ

 

[jayesh_a_joshi]

Hi Rincytom,

Thanks for all the help.
I now see my options clearly.
I do not have any document except for Receipt number.
What happends if my present employer denies to provide me with the copy of H1 approval notice? Can I approach embassies or immigration department for a copy of it ?


Regards,
JJ

 

[jayesh_a_joshi]

H1b approval notice not available

Hi Rincytom,

Thanks for all the help.
I now see my options clearly.
I do not have any document except for Receipt number.
What happends if my present employer denies to provide me with the copy of H1 approval notice? Can I approach embassies or immigration department for a copy of it ?


Regards,
JJ

You would need a copy of the H1 approval notice, a recent paystub.
You would also need a copy of your passport with the latest I94(copy), copy of all transcripts and degree certificates.

 

[hathwar]

Hi Rincytom,

Thanks for all the help.
I now see my options clearly.
I do not have any document except for Receipt number.
What happends if my present employer denies to provide me with the copy of H1 approval notice? Can I approach embassies or immigration department for a copy of it ?
------------------------How does your employer think that you can get a visa to enter the country without providing the original H1-B approval notice?? Only your employer will get the approval notice and you cannot get it from any other source.
Regards,
JJ

 

[jayesh_a_joshi]

H1b Transfer - Employer Denial

Hi Hathwar,

I did not understand Your point... these lines do not make any logic sense to me ..
Can you please eloborate

PD Nov-2001 Regular EB2 OHIO
I-140 ND 10-7-2003 AD 12-14-2004 NO RFE
I-485 ND 11-21-2003 AD 12-15-2004 NO RFE
FP 10-21-2004
EAD2 Applied 12-08-2004
SPOUSE I-485 ND DEC-8-2003 AD??????????
RFE :: I-485 12-16-2004 ( SPOUSE )

PP STAMPED 12/27/2004 ( SELF )

 

[jayesh_a_joshi]

H1B Transfer authority

I do not have any document except for Receipt number of my H1B approval.
What happends if my present employer denies to provide me with the copy of H1 approval notice? Can I approach embassies or immigration department for a copy of it ? Basically I want get my H1B transfered to my new employer.
Please guide me. This I have to face real soon so reply as early as possible.



Thanks and Regards,
JJ