I came to US on H1b with company XX in Jan-07. I had worked one year with company XX and then I went to India for vacation on Feb-10-08 and I came back to US on 2nd April-08. My employer had no project in april-08 so he asked me to change my employer ASAP, so I had transfer my h1b to company
YY without recent paystub (i.e. feb-08 and march-08 paystub. Because I was India in these months and passport & I-94 is the proof that I was India at that time). I had given 2 paystubs of Dec-07 and Jan-08 to company YY for H1b transfer. I got receipt no (EAC No) on Apr-20-08 from company YY. He gave me one project for only for 2 weeks from April-21-08 to May-02-08. I got 2 paystubs for April-08 and May-08 from company YY. Now my employer YY is not able to find a project for me.
My employer YY does not pay me on bench period. In future he will give me a paystub if I will give him employer tax to generate paystub otherwise my employer does not give me paystub and money too. Now company ZZ gives me a good offer and good project. So I have following questions to ask you
1. Is it possible to transfer my h1b to company ZZ with receipt No of company YY?
2. I want to use premium process for H1b transfer to company ZZ, it will take 15 days time for approval, but the lawyer of company ZZ told me that premium process is not good for me in this situation because I have no approval I797 of company YY. I have only receipt no (EAC no) and I will get query with premium process
Lawyer told me that your new H1b approval is depend on your old employer YY’s approval and that is under process so we cannot get approval with premium process.
So he asked me to go for general process instead of premium process for h1b transfer. I want to know that is the lawyer right in giving this suggestion for going with general process?
3. I want to transfer my h1b to company ZZ with premium process. If I get a query after premium process will it create any effect of h1b process of my employer YY which is under process now?
4. If I will transfer my h1b to company ZZ with general process then it will take 3 month processing time. Meanwhile if company YY h1b transfer process gets a query on its approval will it create any affect of h1b process of my new employer ZZ? Or new employer ZZ will also get the query in its approval in future?
5. Lawyer of company ZZ gave me 2nd option that I can transfer my h1b to company ZZ after I get the approval from company YY, but company YY h1b transfer is under process and it might take 2 or 3 months for approval. And company YY might not provide paystub in future, so it will create a problem for h1b transfer after 1 or 2 month because that time I have no recent paystub.
6. I want make my h1b safe in future. In above situation what is the better option for me?
Can I transfer my h1b to company ZZ with general process or premium process?
Or better to stick with my current employer and transfer my h1b after getting the approval.
Kindly please give me advice in this situation. I need to make a decision ASAP.
Thanks,
YY without recent paystub (i.e. feb-08 and march-08 paystub. Because I was India in these months and passport & I-94 is the proof that I was India at that time). I had given 2 paystubs of Dec-07 and Jan-08 to company YY for H1b transfer. I got receipt no (EAC No) on Apr-20-08 from company YY. He gave me one project for only for 2 weeks from April-21-08 to May-02-08. I got 2 paystubs for April-08 and May-08 from company YY. Now my employer YY is not able to find a project for me.
My employer YY does not pay me on bench period. In future he will give me a paystub if I will give him employer tax to generate paystub otherwise my employer does not give me paystub and money too. Now company ZZ gives me a good offer and good project. So I have following questions to ask you
1. Is it possible to transfer my h1b to company ZZ with receipt No of company YY?
2. I want to use premium process for H1b transfer to company ZZ, it will take 15 days time for approval, but the lawyer of company ZZ told me that premium process is not good for me in this situation because I have no approval I797 of company YY. I have only receipt no (EAC no) and I will get query with premium process
Lawyer told me that your new H1b approval is depend on your old employer YY’s approval and that is under process so we cannot get approval with premium process.
So he asked me to go for general process instead of premium process for h1b transfer. I want to know that is the lawyer right in giving this suggestion for going with general process?
3. I want to transfer my h1b to company ZZ with premium process. If I get a query after premium process will it create any effect of h1b process of my employer YY which is under process now?
4. If I will transfer my h1b to company ZZ with general process then it will take 3 month processing time. Meanwhile if company YY h1b transfer process gets a query on its approval will it create any affect of h1b process of my new employer ZZ? Or new employer ZZ will also get the query in its approval in future?
5. Lawyer of company ZZ gave me 2nd option that I can transfer my h1b to company ZZ after I get the approval from company YY, but company YY h1b transfer is under process and it might take 2 or 3 months for approval. And company YY might not provide paystub in future, so it will create a problem for h1b transfer after 1 or 2 month because that time I have no recent paystub.
6. I want make my h1b safe in future. In above situation what is the better option for me?
Can I transfer my h1b to company ZZ with general process or premium process?
Or better to stick with my current employer and transfer my h1b after getting the approval.
Kindly please give me advice in this situation. I need to make a decision ASAP.
Thanks,
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