!!Important information for all H1B transfer applicants!!

S

smoulderer

Registered Users (C)
Hello all,
we all think it is not possible to get a H1B transfer approved when the current employer is not giving us the I-797 copy. I have been doing a lot of research on this matter because I was in the same situation.

I applied without the copy of the I-797 or I-94, but included 3 pay stubs and the start-date of my H1 visa and the EAC tracking # of my old H1 application. My petition was approved yesterday!

Some unique features of my case may be that I transferred from a desi IT company to a US public university and that I knew my H1B visa start date.
One of my friends did the same thing..he transferred from a desi IT company to SAP America, without having the I-797 or I-94.

Though I am not encouraging everyone to apply without the I-797 and take on some risk, I wanted to let you know that there is a good chance that your transfer can be approved, particularly if the company you are transferring to is a reputable one (and if you know the EAC# of the original H1 application + the start date of your original H1 visa). This may be a last option for someone who HAS TO transfer to another company, but the employer is not giving the I-797.

I hope this will help some of us who are being exploited.
Best,
Tarun
 
Here you do have your EAC #, most of the people do not have the number?

Problem get worst if you do not have EAC/WAC/LIN number?

smoulderer said:
Hello all,
we all think it is not possible to get a H1B transfer approved when the current employer is not giving us the I-797 copy. I have been doing a lot of research on this matter because I was in the same situation.

I applied without the copy of the I-797 or I-94, but included 3 pay stubs and the start-date of my H1 visa and the EAC tracking # of my old H1 application. My petition was approved yesterday!

Some unique features of my case may be that I transferred from a desi IT company to a US public university and that I knew my H1B visa start date.
One of my friends did the same thing..he transferred from a desi IT company to SAP America, without having the I-797 or I-94.

Though I am not encouraging everyone to apply without the I-797 and take on some risk, I wanted to let you know that there is a good chance that your transfer can be approved, particularly if the company you are transferring to is a reputable one (and if you know the EAC# of the original H1 application + the start date of your original H1 visa). This may be a last option for someone who HAS TO transfer to another company, but the employer is not giving the I-797.

I hope this will help some of us who are being exploited.
Best,
Tarun
Click to expand...
 
yes Guru- it will be very difficult if the employee does not have the EAC# or paystubs.
I think it will be easier for the employee to get the EAC#- after all he needs some confirmation that employer has actually applied for the visa.
 
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