HIB Transfer without having entered US yet

L

laehcim

New Member
Hi,

I would be very grateful if someone could provide me with some info/advice on my current situation.

I received my H1B Visa (for Company 'A') in Oct '04 and was due to enter the United States and start work in the next week or so. Unfortunately the project/job though has fallen through so I now have the visa, but no job !

A second company (Company 'B') is interested in giving me a job and so I am very eager to find out if I can transfer my H1B visa from 'company A' to 'company B'. I've read that I need 2 to 3 payslips in order to be able to transfer the H1 Visa but since I haven't even entered the US I won't have these. Is the fact that I haven't entered the US yet of any benefit to me in transferring my H1B Visa........

What options do I have open to me ?

Any help would be fantastic...

Regards,
M
 
You will need to work for the company which sponsored you initiallly before you can transfer ( need the payslips ). Other option is try to work with company A and let them sub contract you then transfer to B after 3 or 4 mos.
 
Hey, I think its a better idea to reapply for an H-1B through Company B and then entering the US. Its true that you should have pay stubs from your current employer when applying for an H-1 transfer which you don't have. Lets say you travel to the US on your current H-1B and then apply for a transfer to Company B, there is always the risk of 'preconceived intent' ie did you enter the US with the intent to work for the petitioner or did you just use the H-1B as a way to enter.
In such a situation it could also happen that the USCIS approves the H-1B status but requires you to leave the US to get a new H-1B visa before returning.
Finally, if you did not work for the original petitioning employer the USCIS could determine that you failed to abide by the terms of your authorized stay and therefore deny the change of employers because you would then fall outside the cap.

I think you should apply for a fresh H-1B.

Hope this helps.
 
Thanks Guys,

Some food for thought.....I don't think waiting for a new H1B is really an option [ that'll take till next oct again right ?] so maybe I can see if company 'A' will be able to let me subcontract to 'B'...

Thanks again for the replies, much appreciated..

Regards,
M
 
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