H1B Transfer

[murty_klm]

I am working for a company in USA on H1B. I wanted to transfer to another company. However, I dont have pay stubs for last two months. Infact, I have a contract with my employer where it is not mentioned anything about bench pay. Is it possible for me to transfer my H1B.

[Padmini]

Generally one has to prove to the USCIS that your maintaining a legal status in the U.S This is done with 2 or 3 recent pay stubs or some other evidence. A letter from the current employer confirming employment may work, though there could be questions as to why the employer is not paying the required H1B salary if you are still working for that employer. You can try to get a letter from your employer stating that your are on an unpaid leave due to medical reasons(or may be a vacation?). For that, figure out how to get a proof from a doctor.
Do you have any pay stubs et'all? You can submit your old pay stubs if you have any along with a letter from the employer.

Else, be prepared to travel to India and reenter with a new I-94 card, either by applying for a new visa stamp or using a previously unexpired visa stamped in the Passport in that visa category.

[sujji_71]

H1B Transfer

Hi Padmini

I have a similar problem.

I have pay stubs till Feb. and I am in India at the moment.

I didn't understand the last sentence of your comment. Can you please explain in detail.

Thank You

[amulya]

I am working for a company in USA on H1B. I wanted to transfer to another company. However, I dont have pay stubs for last two months. Infact, I have a contract with my employer where it is not mentioned anything about bench pay. Is it possible for me to transfer my H1B.

Well I had trasnferred my H1 without any pay stubs ...well didn't have them infact just applied for premium processing thru another company. Well a friend of mine had processed her H1 in a similar fashion no pay stubs,well in both of cases we had Master's from US .,

So there is a hope !
regards,
Amul

[jplench]

it's possible

I was in that same situation 1 year ago. You will apply without the pay stubs, USCIS wills end you a request for evidence. The truth is teh minute ou are not employed anymore you fall out of status, it is up to the discretion of the USCIS officer to approve the petition, so you or your lawyer will have to sned a nice letter explaining that you are bonified individual but cannot produce the pay stubs. Even if they approve teh petition they will require that you return to your country of origin to go through the interview and get the visa approved, you will not be able to go to another ambasssy that the one in your country.

[h1stamping]

Visa interview appointment on old H1?? New one not yet approved !!

hi Could someone please advise me on the following situation:

I have an H1 from company A and my job is getting over on 31st March. I recently applied for H1 transfer with company B which will take atleast 2 months to come. I have to go to India for 2 months. I was planning to come back on my new H1 after getting it stamped. Now the problem is if I wait till my new H1 approval comes which will be sometime in June, I won't get any interveiw date for another 4-5 months i.e. until Oct-Dec. But I want to come back in July. Is it possible that I take the date based on the current H1 and the petition no and change that in the application once I get the new H1?? Would they let me do it without taking the new date?

I would highly appreciate an early reply. Even if I go for premium processing, it will take atleast 20 days and by then the visa dates would go far back.

Thanks
Sid