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Need help on decision making regarding H-1B transfer / amendment

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  • Need help on decision making regarding H-1B transfer / amendment


    I'm an Indian citizen with an Indian passport, and currently employed as a software engineer in the US. I have been in the US since 2010 (2 years MS from sep 2010 to may 2012 and 10 months of full-time work experience). I'm currently on an H-1B visa. My change of status from OPT (F1 student visa) to H-1B happened in Nov 2012 when I re-entered the US after finishing my H-1B stamping in India just before that.

    My employer recently underwent a corporate restructuring. As part of this, I'm being moved to a new subsidiary under my existing employer. I have been told that my employer needs to file for H-1B amendment soon (within next week or so) so that my H-1B has this change registered under premium processing - this means that USCIS will take approx. 2 weeks time to approve the amendment and return the new I797. Also, I'll be receiving my first bi-weekly pay stub from the new subsidiary on April 19th.

    The confusion here is that I would like to switch jobs now. I have a job offer from a different employer which I will be accepting next couple of weeks. My new employer will then apply for my H-1B transfer. In this situation, what is the right thing to do here with regards to H-1B?

    1. Bargain with my existing employer to delay the H-1B amendment for next 2 months as I might change jobs.

    - This will mean that I am revealing too much information to existing employer. I might get fired because the legal team of my employer told me very strictly that the amendment has to go through for me to continue working.

    2. Wait for the H-1B amendment to go through from existing employer. Then after I get the new I797, request my new employer to file for H-1B transfer based on new I797.

    - For my new employer to file the transfer, I was not sure if I need to produce 3 bi-weekly pay stubs from the new subsidiary AFTER the H-1B amendment goes through, or even pay stubs from new employer BEFORE the amendment are accepted? I'm already going to be receiving the first paycheck from existing employer next week, but if they file my H-1B amendment in next 10 days, then my first pay stub AFTER the amendment will not be until atleast 3 weeks after the next 10 days. I fear that this will delay my job switch by 2 more months depending upon what are the requirements for the H-1B transfer.

    It will be very useful to me if you could let me know your thoughts.