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H1 transfer through Consular Processing without paystubs.

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  • H1 transfer through Consular Processing without paystubs.

    Hi,

    I landed US on jan 21st 2014 in H1b visa stamped through company A and the I94 is valid still sep 2016
    I transfered the H1 visa to company B as soon as i landed US on jan 21st 2014 and it got approved.
    But i am in bench and not even single pay stub till now with company B .
    Now company C (big MNC) whom i worked till Jan 2014 is ready to offer and wants to do h1 transfer through Consular processing.

    My company A doesn't revoke my h1b visa.
    Kindly let me know the Process involved from now to join company C through Consular processing.
    What is Consular processing.what are the risks involved in it.
    I got h4 visa stamped for my wife and kid through company A.

    Kindly advice
    Roni.

  • #2
    Originally posted by ronisap View Post
    Hi,

    I landed US on jan 21st 2014 in H1b visa stamped through company A and the I94 is valid still sep 2016
    I transfered the H1 visa to company B as soon as i landed US on jan 21st 2014 and it got approved.
    But i am in bench and not even single pay stub till now with company B .
    Now company C (big MNC) whom i worked till Jan 2014 is ready to offer and wants to do h1 transfer through Consular processing.

    My company A doesn't revoke my h1b visa.
    Kindly let me know the Process involved from now to join company C through Consular processing.
    What is Consular processing.what are the risks involved in it.
    I got h4 visa stamped for my wife and kid through company A.

    Kindly advice
    Roni.
    No pay stubs mean you are out of status, whether petition is revoked or not doesnt matter. If you are out of status you cannot do a transfer of H1 in US.

    What happens in Consular Process is the foreign consulate outside US, is informed about your petition and they take a decision to grant you new H1 visa or not. Consular process with C would involve you to leave US, and return with new visa stamp for Employer C.

    This is my opinion not legal advice.

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