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  • H1B Transfer in US

    Hi,

    I need your valuable suggestion for my case below.

    Right now I am working with Company A in India and came to US for 2 months assignment. After 1 month stay, I got an offer from Company B and they ready to file new petition (H1B transfer). But my current company don't provide any payslips in US even though I am on H1B visa. I have following questions in my mind.

    1. Can the Company B file new petition and get approval without payslips? If not, what is the best alternative?

    2. Can I ask Company B to file new petition after I go back to India? As I have valid visa stamp of Company A till end of 2016. I can show visa stamp of Company A and new approved petition of Company B at port of entry when I come to US. Please let me know if I am wrong.

    I prefer to serve the 2 months notice period of current employer(Company A) before moving to Company B. Company B is ready to wait for 2 months period after H1B transfer approval. what is the best approach to get H1B transfer and start working for Company B. Please advise.

    Thanks in advance.

  • #2
    Originally posted by suresh625 View Post
    Hi,

    I need your valuable suggestion for my case below.

    Right now I am working with Company A in India and came to US for 2 months assignment. After 1 month stay, I got an offer from Company B and they ready to file new petition (H1B transfer). But my current company don't provide any payslips in US even though I am on H1B visa. I have following questions in my mind.

    1. Can the Company B file new petition and get approval without payslips? If not, what is the best alternative?

    2. Can I ask Company B to file new petition after I go back to India? As I have valid visa stamp of Company A till end of 2016. I can show visa stamp of Company A and new approved petition of Company B at port of entry when I come to US. Please let me know if I am wrong.

    I prefer to serve the 2 months notice period of current employer(Company A) before moving to Company B. Company B is ready to wait for 2 months period after H1B transfer approval. what is the best approach to get H1B transfer and start working for Company B. Please advise.

    Thanks in advance.
    Ideal option would be to get payslips by A and then ask B to file a transfer petition. A is bound by law to provide it. But if you want to be loyal to A then adopt the option 2. I do hope you have the copy of the approval petition of A to give to B in order to enable B to file a cap exempt petition.

    This is my opinion not legal advice.

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