Pls clarify impact of H-1 transfer with no paystubbs (who's right ?)

M

mymontreal

Registered Users (C)
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 paystubbs since April 2002 - her attorney states that even if she submits no paystubbs 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
 
Apl 2002 till sept 2003 is more than a year. How can she prove that she did not get paid only for the last few months?
Attorney is taking a risk. I would suggest, do a new H1 using premium processing, go to canada or home country and get h1 stamp and join the company.
I dont think BCIS will look kindly on a 17 months out of status...
 
H1 Transfer w/o Paystub

Jaxen & Others
Sorry for being ignorant in this subject..Please clarify:

In this scenario(If approved I797 is rcvd without I-94 attached), why does she need a new H1visa stamp in her passport (from any outside US consulate) ??

I think she has valid US visa in her Passport....valid till dec 2004..all she needs to do is go out to nearest POE (say Canada,Mexico etc.,).Valid visa in the same category is sufficient to enter (of course additional docs like employer's letter are needed)

I feel if one has a valid US visa & if they are coming back into USA in the same category(like H1 etc.,) then they don't need a new visa stamp.....at POE the person can show the employment verification letter, Latest Original I797(the one w/o I-94)....the officer may give a I-94 with new dates based on the latest I-797.This is the best thing to happen in most cases...
(or) he may give a new I-94 with the Pass port visa stamp dates..->->-> then they can revalidate/extend h1 upon expiry of I-94 from within USA

Please clarify...

Thanks
Madhuri
 
A friend of mine is in a similar situation except that he has just been in the country for a little over a month, and not been paid, and hence no paystub. He is wondering what will happen if his current employer cancels his work authorization.

- Will his current Visa still be valid?
- Does he HAVE to get the new visa stamped?

What is the best course he should take?


Tkx.
IJ
 
being out of status for 1 month is not a similar situation. Once employer fires or does not pay , the current visa's validity is in question.
If the new visa does not come with a I94, then the applicnat might have to go and get a new I94 at the border post or local BCIS office. If that is refused, then the applicant has to go to a US consulate and get the H1 stamp.
 
I am kind of confused with this question. If H1 holder lost job, the status is still maintained till I-94 expire?
 
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