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  • H1B transfer without working and paystubs

    Hi
    My employer filed my H1B and it was approved in Oct 2012.
    They are not in the same city as mine, and I am lot of troubles finding jobs(mainly because of the C2C constraint) as my employer don't have clients in my city.

    I am currently on L2(my spouse's visa).
    Can I transfer my H1 to any local employer here in my city?

    I do have my petition, but no work so no pay stubs with my current employer.

    Pls pls advice.

    Thanks!!

  • #2
    Originally posted by Manjula79 View Post
    Hi
    My employer filed my H1B and it was approved in Oct 2012.
    They are not in the same city as mine, and I am lot of troubles finding jobs(mainly because of the C2C constraint) as my employer don't have clients in my city.

    I am currently on L2(my spouse's visa).
    Can I transfer my H1 to any local employer here in my city?

    I do have my petition, but no work so no pay stubs with my current employer.

    Pls pls advice.

    Thanks!!
    What do you mean h1 was approved but you dont have pay stubs? Did you file a L2 to H1 COS? Did the H1 approval come with a new I-94?

    If H1 was approved as COS then you are already in H1 and without pay stubs you are basically out of status. When you are out of status you cant transfer the visa. The employer is bound to pay you irrespective whether they can find a client for you or not. You can complain to DOL.

    This is my opinion not legal advice.

    Comment


    • #3
      Thanks

      Originally posted by raghvi View Post
      What do you mean h1 was approved but you dont have pay stubs? Did you file a L2 to H1 COS? Did the H1 approval come with a new I-94?

      If H1 was approved as COS then you are already in H1 and without pay stubs you are basically out of status. When you are out of status you cant transfer the visa. The employer is bound to pay you irrespective whether they can find a client for you or not. You can complain to DOL.

      This is my opinion not legal advice.

      Thanks for the prompt reply, but COS not filed yet, once I get a job I will be filing a L2 to H1 COS.now could you please advice.

      Comment


      • #4
        Originally posted by Manjula79 View Post
        Thanks for the prompt reply, but COS not filed yet, once I get a job I will be filing a L2 to H1 COS.now could you please advice.
        What I meant was the initial H1 was it filed as COS? If the initial H1 was not filed as COS then technically your H1 is not yet approved.

        The H1 petition that you are holding can only be a COS or a Consular processing. If you are saying its not a COS then H1 will be active only when you leave US and get H1 stamped OR when the H1 petition itself is changed from Consular Processing to COS.

        This is my opinion not legal advice.

        Comment


        • #5
          Right

          Originally posted by raghvi View Post
          What I meant was the initial H1 was it filed as COS? If the initial H1 was not filed as COS then technically your H1 is not yet approved.

          The H1 petition that you are holding can only be a COS or a Consular processing. If you are saying its not a COS then H1 will be active only when you leave US and get H1 stamped OR when the H1 petition itself is changed from Consular Processing to COS.

          This is my opinion not legal advice.
          You are right, I was in India when my H1 was filed ( consular) but in Sep 2012 I travelled to US on my spouse visa.
          Now we are planning to file for a COS by staying here ( consular to COS ) . Our attorney said it is possible.

          Considering all this, pls advice , when I. File my COS , will it be considered a fresh application?
          Can I switch employer now?

          Thanks!

          Comment


          • #6
            Originally posted by Manjula79 View Post
            You are right, I was in India when my H1 was filed ( consular) but in Sep 2012 I travelled to US on my spouse visa.
            Now we are planning to file for a COS by staying here ( consular to COS ) . Our attorney said it is possible.

            Considering all this, pls advice , when I. File my COS , will it be considered a fresh application?
            Can I switch employer now?

            Thanks!
            In that case you are already cap counted and it will not be considered a fresh h1 application. As and when you find an employer th enew employer can file the I129 and use the existing H1 petition to file a COS.

            Now its upto USCIS if they approve your H1 amendment from Consular to COS but it is possible. Start working only after you receive approval from USCIS.Also, as and when you go out of US next time, in order to come back on H1 you would need to go for stamping.

            This is my opinion not legal advice.

            Comment


            • #7
              Thanks

              Can I switch employer , or it is not advisable to do so until I generate couple of pay stubs with them( this is wat friends around r saying) ?

              Please advice.

              Thanks again...

              Ignore this post, I reread your reply hd got my answer.
              Last edited by Manjula79; 02-04-2013, 02:35 PM.

              Comment

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