H1B transfer form company A to company B and company C

[sreevinwsai]

Hi,

Can some one help me

I left company A, My H1B was transferred to company B and got approved I have joined the company B last week but have received a very good offer from company C so I want to move. Do I need to inform company C about company B. I just had 1 paystub from company B. So can I include both A and B paystubs as I require 3 for filing H1B transfer or Do I need to stay with company B for 6 weeks to get my 3 paystubs?

[raghvi]

Hi,

Can some one help me

I left company A, My H1B was transferred to company B and got approved I have joined the company B last week but have received a very good offer from company C so I want to move. Do I need to inform company C about company B. I just had 1 paystub from company B. So can I include both A and B paystubs as I require 3 for filing H1B transfer or Do I need to stay with company B for 6 weeks to get my 3 paystubs?

Though advisable but not necessary to await 3 Paystubs from B. C can file a cap exempt H1.

This is my opinion not legal advice.

[sreevinwsai]

Thanks for your advice. Can you please explain me what is " C can file exempt H1B"

My H1B with company A is atill active. Can I just submit Company A pay stubbs with out mentioning about Company B. I know it looks bad on my resume if I mention company B quitting in 2 weeks.
thanks in advance for your reply

[raghvi]

Thanks for your advice. Can you please explain me what is " C can file exempt H1B"

My H1B with company A is atill active. Can I just submit Company A pay stubbs with out mentioning about Company B. I know it looks bad on my resume if I mention company B quitting in 2 weeks.
thanks in advance for your reply

Technically there is nothing called "H1 transfer" what B did and C can do is file a Cap Exempt H1. As you are already cap counted a "transfer" actually only means another employer filing a cap exempt petition for you . Every employer needs to file a separate petition which in your case means cap exempt petition.

As for not disclosing B, unfortunately you cannot do that. As you are working for B and are in valid status only because of B's pay stubs you need to disclose. First thing USCIS seeks in such "transfers" is a proof of your current valid status. You are in valid status because you are working for B hence would need to provide B's pay stubs.

This is my opinion not legal advice.