H1B visa transfer without stamping

[questionmark]

Hello All,

My H1B recently got approved (October 2015). I am working for Employer A and have got an offer from Employer B for H1B transfer who I am very interested to join.
I want to travel to India in January for my wedding. I have following questions -

1. I completed my Masters in a Non-IT major and was hired by this Desi consultancy (Employer A) as an IT professional (as you all know how). They applied for my H1B and I got it this October. However, I do not know what profile did they put in to get my H1B done. Now I have an offer from Employer B (IT). If I join Employer B before going to India, say in Mid-December, will stamping be a problem as there is no justification of getting hired in IT from a Non-IT major?

2. Since I will be joining Employer B in Mid-december, I wouldn't be having a lot of pay stubs (may be not even one) from Employer B when I travel in January. Though I do have all the pay stubs from Employer A. Is this a problem in stamping?

3. How much time does it really take to get H1B transfer approved once applied?

4. Can I travel as Employee of Employer A (whose h1B petition is approved and valid) while H1B transfer petition for Employer B is still in progress?

5. What are the chances of a H1B transfer getting rejected? Is it safe to resign from Employer A and start working for Employer B just on the basis of H1B transfer application and pending approval?

6. What is better to do - Get stamping on Employer A petition as they originally got my H1B approved, come back, resign and then join Employer B? OR just join Employer B and go ahead with stamping once H1B transfer is approved?

7. Is it advisable to travel while H1B transfer is pending approval after resigning from Employer A?

8. How safe is it to travel and appear for stamping interview just after - a) H1B approval, b) H1B transfer approval

I know it is a longish post but it will be a huge help if I get all these answers. Confusing times

Thanks,
QuestionMark.

[shervin143]

1. I completed my Masters in a Non-IT major and was hired by this Desi consultancy (Employer A) as an IT professional (as you all know how). They applied for my H1B and I got it this October. However, I do not know what profile did they put in to get my H1B done. Now I have an offer from Employer B (IT). If I join Employer B before going to India, say in Mid-December, will stamping be a problem as there is no justification of getting hired in IT from a Non-IT major?
>>> Well, won't that be a problem irrespective of whether you go for stamping with Employer A or Employer B's documents?

2. Since I will be joining Employer B in Mid-december, I wouldn't be having a lot of pay stubs (may be not even one) from Employer B when I travel in January. Though I do have all the pay stubs from Employer A. Is this a problem in stamping?
>>> Nope. You only need to show pay slips for the period that you have worked for the employer.

3. How much time does it really take to get H1B transfer approved once applied?
>>> 5-6 months by normal process and 15 days by premium.

4. Can I travel as Employee of Employer A (whose h1B petition is approved and valid) while H1B transfer petition for Employer B is still in progress?
>>> If you do that, then the transfer will get denied and Employer B's H1B might get approved for consular process. If you travel back using employer A's petition, the you can work only for that employer. The transfer petition that is filed and pending will become useless. To work for employer B, they will have to file the transfer again or you need to leave the country and return back using employer B's petition.

5. What are the chances of a H1B transfer getting rejected? Is it safe to resign from Employer A and start working for Employer B just on the basis of H1B transfer application and pending approval?

6. What is better to do - Get stamping on Employer A petition as they originally got my H1B approved, come back, resign and then join Employer B? OR just join Employer B and go ahead with stamping once H1B transfer is approved?

7. Is it advisable to travel while H1B transfer is pending approval after resigning from Employer A?
>>> Nope.

8. How safe is it to travel and appear for stamping interview just after - a) H1B approval, b) H1B transfer approval
>>> You can appear fro interview as long as you have a valid approval notice for the employer whom you intend to work.