pls help to give advice on my case.

P

preseeker

Registered Users (C)
Hi Gurus here,

I am in a not-so-straight forward situation now and need
you suggestion on how to process H1.
My company closed the door at the end of last December,
and this January I got a I20 from a school then filed a
F1 petition to INS. Now I got a job offer from California,
and want to get a H1 visa.
Can I do H1 transfer? Or Do I have to apply for a new H1?
If I have to apply for a new H1, can CA center do the
premium H1 within 14 days?

Thanks for your info, and have a nice day,
 
Originally posted by preseeker
Hi Gurus here,

I am in a not-so-straight forward situation now and need
you suggestion on how to process H1.
My company closed the door at the end of last December,
and this January I got a I20 from a school then filed a
F1 petition to INS. Now I got a job offer from California,
and want to get a H1 visa.
Can I do H1 transfer? Or Do I have to apply for a new H1?
If I have to apply for a new H1, can CA center do the
premium H1 within 14 days?

Thanks for your info, and have a nice day,
Click to expand...

It will be touch and go!

You can apply for your new H1. There is nothing like H1 transfer.
As far as INS is concerned every H1 is new.

The word transfer is used to indicate a situation, where you get your new approval with the I-94 stub at the bottom.

In your case, the attorney will ask for the recent pay stubs.
If you are able to provide them then you will get your new H1
with the I-94 without any problem.

However, if you are unable to produce the paystubs, then there is a chance that the INS may want you to go to the Consulate
and get the Visa stamping.

Since the time lapse is only small, you may be lucky and get your approval without the need to go to the Consulate.

Apply immediately, the premium channel is better.

Raju
 
Raju,

Thanks a lot for the information.
Since as I know, when the pay check ends, H1 ends. My
last pay check was in mid-Dec last year, so do you think
is it ok for the H1 petition?
And also, because I sent out an F1 petition, is it better
that I apply through F1->H1 way? My F1 has not been
approved yet.

Thanks,
 
You can try with the F1 transfer papers showing intent to stay in status. Max that can happen (if U apply before 3 months from termination date) is that you will get a H1 without I94.
Yes, apply for H1 transfer using premium processing and after approval withdraw h to f1...
 
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