Hi Transfer Process

[sharmi540]

Situation

I am currently in the U.S on H-1B and working for Company A from July,2007. I have worked with Company A still first week of January,2008 and came on non-paid leave to my husbands location and started looking for assignments in my husband location. Nothing was fruitful so I have applied for H1-transfer to Consultant B in the month of February ,2008 as still than I had pay slips for the month of Decemper,2007 and January,2008.
The H1 transfer proposal although applied for Premium Processing now has a query on it and taking time.
Company A's non paid leave period is ending up and they are asking me to come back to India.

Questions


1) What is the impact of my H1-Transfer process if I had to travel back to India in its process.
2) What is the impact if I had to resign Company A during the H1 transfer process from Company A - Consultant B.


I have been interviewed by Company C and they are offering full time employment.

1) How true is this we require latest two paystubs for H1-transfer.
2) Can I start one more H1 transfer process from Company A - Company C. While the transfer from Company A - Consultant B is in process.

[DMX17]

What's the query (RFE) about?

If you go on unpaid leave as an excuse to Benching because your employer does not pay on Bench (which is illegal), USCIS in not stupid.

Recent pay stubs are required to transfer H1. Pay stubs show that you maintained your H1 status by getting paid by the employer ALL THE TIME.

If you resign with employer A and join B, if the transfer is denied, you are out of status assuming you won't be in good terms with employer A and cannot go back to work for "him/her".

Transfer from A to C won't do any good as it, too, may result in RFE for pay stubs. But you can certainly try.

[sharmi540]

Hi Transfer Process

The RFE was all about the new Consultant about their company documents of proof.

I have the pay stub for March,2008 and January ,2008.I dont have the February,2008 as I was on non-paid leave for the whole month.

Can we trigger a new transfer by cancelling hte previous transfer.

[DMX17]

Previous transfer does not have to be cancelled.

You can apply for A-->B transfer and A -->C transfer simultaneously. Both can live with each other, so to speak.

[txh1b]

This might help.

https://www.immihelp.com/h1-visa-transfer-faq/