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URGENT !! H1B Transfer from New Employer

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  • URGENT !! H1B Transfer from New Employer

    Hi Friends,

    I am on H1B visa, I got my visa transferred from Company A to Company B and have joined Company B before 2 weeks. Me and my family are having issues with the new place. I have another offer from Company C and would like to join company C now due to issues at work (on bench currently) and location. Please help me with questions below.

    1 --> As it has been only short period after i have left company A, should i give company A pay stubs for visa transfer or wait for 2 pay stubs at company B.
    2 --> I have not yet received my i797 for company B. Would that be required or company A's i797 approval notice would suffice.
    3 --> Are there any other issues that can occur as i have recently joined company B and willing to leave.

    Please help on urgent basis. Appreciate your help.

  • #2
    Originally posted by shanky_jkcw View Post
    Hi Friends,

    I am on H1B visa, I got my visa transferred from Company A to Company B and have joined Company B before 2 weeks. Me and my family are having issues with the new place. I have another offer from Company C and would like to join company C now due to issues at work (on bench currently) and location. Please help me with questions below.

    1 --> As it has been only short period after i have left company A, should i give company A pay stubs for visa transfer or wait for 2 pay stubs at company B.
    2 --> I have not yet received my i797 for company B. Would that be required or company A's i797 approval notice would suffice.
    3 --> Are there any other issues that can occur as i have recently joined company B and willing to leave.

    Please help on urgent basis. Appreciate your help.
    Joining B without approval notice was a mistake. As you are working for B and getting paid by B, you do need the approval notice of B along with new I-94 to first get into a valid status.
    1. You should wait for 2 pay stubs of B as well as getting approval notice of B'1 petition.
    2. Till you dont get B's petition approval, even if some other employer files for your transfer USCIS will ask you to first prove your valid status by showing approval of B's petition.
    3. You risk going out of status if you leave B and join C and B's petition gets rejected. Advisable to get B to upgrade your transfer to premium and subsequently getting few pay stubs of B and then try for another employer.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      Joining B without approval notice was a mistake. As you are working for B and getting paid by B, you do need the approval notice of B along with new I-94 to first get into a valid status.
      1. You should wait for 2 pay stubs of B as well as getting approval notice of B'1 petition.
      2. Till you dont get B's petition approval, even if some other employer files for your transfer USCIS will ask you to first prove your valid status by showing approval of B's petition.
      3. You risk going out of status if you leave B and join C and B's petition gets rejected. Advisable to get B to upgrade your transfer to premium and subsequently getting few pay stubs of B and then try for another employer.

      This is my opinion not legal advice.
      Thanks for your reply and sorry for the confusion my statements would have caused, but i actually joined company B after approval of petition. Just that i797 approval notice is with my employer and i do not have that.

      So, Employer C would now need i797 approval for company B & 2 pay stubs from Company B? As i have recently resigned from Company A, Is it possible that company A's i797 & Pay stubs can be used for H1B transfer to company C?

      Comment


      • #4
        You technically dont need B's petition. But yes B's pay stub would be required to prove a valid status currently.

        This is my opinion not legal advice.

        Comment

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