Pls clarify - H-1 Transfer with no recent paystubs...

mymontreal

Registered Users (C)
Moved to more general forum...

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Hi

A friend of mine was working for a consulting company and was laid off in April 2002 - she has just been offered a new Dir Mktg position with a new company and is trying to decide whether to apply for a new H-1 or submit a transfer request.

My recommendation is that she submit a new H-1 under prem proc - her attorney is recommending that she just submit a transfer - advice ??

- We know that her original H-1 has not been cancelled
- Her H-1 visa stamp is valid until Dec 2004
- Her I-94 is valid until Dec 2004

She has no paystubs since April 2002 - her attorney states that even if she submits no paystubs with the H-1 transfer app, they will send her a new approval notice anyway but without an I-94 at the bottom - as her visa is valid till Dec 2004, he says she can just exit and re-enter the US to get a new I-94

Is he missing something ? Any downside ?

Sounds too easy...

Thx
 
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