When can I start to work on a New H1 VISA?

G

gc_dummy

Registered Users (C)
Hi,
I have a situation where the last pay stubs are 2 months old I got job with new company. An H1 transfer would require a new pay Stubs. However if I apply for New H1 VISA what kind of problems I can face? Essentially Can I still join the new company on the receipt of New H1 petetion or is it something which is possible only whith H1 transfer petetion?
Do I need to wait for the aproval notice to join the company?

I understand that VISA cap does not apply to H1 transfers.

Thanks,
 
Hi,
I have a situation where the last pay stubs are 2 months old I got job with new company. An H1 transfer would require a new pay Stubs.
--- Yes, recent pay stubs are must for H1 transfer
However if I apply for New H1 VISA what kind of problems I can face?
----- H1B cap may be reached in few weeks then you may have to wait till September 2004

Essentially Can I still join the new company on the receipt of New H1 petition?
---Not with NEW FRESH H1 filing receipt one can join with H1to H1 transfer filing receipt

or is it something which is possible only whith H1 transfer petetion?
------ Only with H1 transfer petition filing receipt
Do I need to wait for the approval notice to join the company?
---- if it is NEW H1 then you have to get H1 approval then get newH1Visa stamp from home country and then enter US

I understand that VISA cap does not apply to H1 transfers.
---- You are correct H1visa Cap does not apply for H1 to H1 transfer but it seems you are not qualified for H1 to H1 as you don’t have recent pay stubs
 
I read some of the posts with a similar case..(H1 transfer with gap). At one place I see your answer that, INS will accept the H1 transfer petetion but may be it will send the approval notice without the I-94?
What is the catch in that case? Can I still join the new company with petetion receipt and get my VISA stamped whenever I am visiting my home country?
If it is not too much of trouble could you please direct me to the Act/law which covers the cases of H1 transfer?
Thanks
 
Actually gc_dummy asked this question on my behalf.

Will it be sufficient to get H1 transferred if I can get a letter from the current employer stating he/she is still working for them?

In otherwords, can a letter from current employer be used in place of recent pay stub?


R'twick
 
-------Recent Pay stubs must for H1 transfer, letter will not work.


I read some of the posts with a similar case..(H1 transfer with gap). At one place I see your answer that, INS will accept the H1 transfer petetion but may be it will send the approval notice without the I-94?

------- it means that they MAY approve it as NEW H1 without I-94 and you need to go out and get H1 visa stamp and re-enter on H1. you know that H1cap may reach any day now and they may not approve it as NEW H1


What is the catch in that case? Can I still join the new company with petetion receipt and get my VISA stamped whenever I am visiting my home country?

---- if they approve it as NEW H1 you have to go out and get H1 visa then enter and join
If it is not too much of trouble could you please direct me to the Act/law which covers the cases of H1 transfer?

----- go to your lawyer pay him he will guide you, I dont have the time to spend 2 hours for your concerns and search the law/regulations
 
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