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  • H1B Transfer Questions

    Hi

    My husband has been offered a job by company B. His H1B visa was approved on Oct 11 2012. From Oct 2012 to Jan 2013 he was on unpaid leave and was completing job training with company A. He will be placed onto company A's payroll from Feb 1 2013.

    My question is, when company B apply for the H1B transfer he will have no payslips, but employer A said they would be willing to provide a letter stating that the employee was on unpaid and completing training for that period.

    Will this be an issue for the transfer?

    Any advise would be appreciated.

  • #2
    Yes. If he is in the US in H1 status and not getting paid, he is out of status. Transfer or change of status is not possible. Unpaid leaves are only acceptable for genuine reasons such as health problems or pregnancy and that too if properly documented.

    He can complain to DOL for unpaid wages.
    This is my opinion and not legal advice.

    Comment


    • #3
      Originally posted by kabkaba View Post
      Yes. If he is in the US in H1 status and not getting paid, he is out of status. Transfer or change of status is not possible. Unpaid leaves are only acceptable for genuine reasons such as health problems or pregnancy and that too if properly documented.

      He can complain to DOL for unpaid wages.
      Is there a chance for approval with consular processing?

      Comment


      • #4
        That is possible. But the effect of this out of status period may be on all future applications.
        This is my opinion and not legal advice.

        Comment


        • #5
          H1B transfer issue

          I got H1B in March 2012 from one IT company , however after that i left the company and pursued MBA.
          If now i join a different company then can the new company get the visa transferred in his name?

          Comment

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