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.
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H1B transfer without working and paystubs
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Originally posted by Manjula79 View PostYou 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!
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.
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Right
Originally posted by raghvi View PostWhat 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.
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!
Leave a comment:
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Originally posted by Manjula79 View PostThanks 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.
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.
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Thanks
Originally posted by raghvi View PostWhat 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.
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Originally posted by Manjula79 View PostHi
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!!
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.
Leave a comment:
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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!!Tags: None
Leave a comment: