H1 Transfer (My company going out of Business)

[kannavist]

Hi - I was on H4 Visa and applied for a H1B visa in April 2008. My case was picked and the change of status did not come out well. Later my employer applied for change of status and got approved last week. Now I am on H1B status.

But today my employer told that he is going out of business by the end of April and asked me to transfer my H1B.

It will be a great help and would defintely appreciate if someone can answer my following questions.

1) Can I transfer my H1B to some other employer? I don't have paystubas as I haven't yet completed first month and even do not have SSN. I came to know from my friend that I do not need any paystubs if I transfer my H1b with in the first 45 days. If so, can there be any RFE's in this case.

2) If I file for a Change of status from H1 to H4 will there be possibility of moving on to the same H1B at later point of time and work for someother employer ??

3) How can I retain my H1B in any case. so that I can work in future.

Thanks in advance
Kanna

[Subramanya]

Hi - I was on H4 Visa and applied for a H1B visa in April 2008. My case was picked and the change of status did not come out well. Later my employer applied for change of status and got approved last week. Now I am on H1B status.

But today my employer told that he is going out of business by the end of April and asked me to transfer my H1B.

It will be a great help and would defintely appreciate if someone can answer my following questions.

1) Can I transfer my H1B to some other employer? I don't have paystubas as I haven't yet completed first month and even do not have SSN. I came to know from my friend that I do not need any paystubs if I transfer my H1b with in the first 45 days. If so, can there be any RFE's in this case.

---- You can transfer your H1 to a different emplyer. But the better option would be to go through an experienced attorney so that they can guide you in the right direction

2) If I file for a Change of status from H1 to H4 will there be possibility of moving on to the same H1B at later point of time and work for someother employer ??

---- Yes that can be a better option, since this H1B transfer may take a while

3) How can I retain my H1B in any case. so that I can work in future.

---- Your H1B once approved is valid for a period of 6 years and int eh meantime you can always change status to H4, till you find a suitable and reliable employer who can transfer your H1 and who can pay you regularly

Subramanya

[kannavist]

Thanks Subramanya for answering my questions. you haven't answered my first question completely. Can I apply for a tranfer of my current H1b to a different employer with out paystubs with in the first 45 days ??

Hi - I was on H4 Visa and applied for a H1B visa in April 2008. My case was picked and the change of status did not come out well. Later my employer applied for change of status and got approved last week. Now I am on H1B status.

But today my employer told that he is going out of business by the end of April and asked me to transfer my H1B.

It will be a great help and would defintely appreciate if someone can answer my following questions.

1) Can I transfer my H1B to some other employer? I don't have paystubas as I haven't yet completed first month and even do not have SSN. I came to know from my friend that I do not need any paystubs if I transfer my H1b with in the first 45 days. If so, can there be any RFE's in this case.

---- You can transfer your H1 to a different emplyer. But the better option would be to go through an experienced attorney so that they can guide you in the right direction

2) If I file for a Change of status from H1 to H4 will there be possibility of moving on to the same H1B at later point of time and work for someother employer ??

---- Yes that can be a better option, since this H1B transfer may take a while

3) How can I retain my H1B in any case. so that I can work in future.

---- Your H1B once approved is valid for a period of 6 years and int eh meantime you can always change status to H4, till you find a suitable and reliable employer who can transfer your H1 and who can pay you regularly

Subramanya

[Subramanya]

Thanks Subramanya for answering my questions. you haven't answered my first question completely. Can I apply for a tranfer of my current H1b to a different employer with out paystubs with in the first 45 days ??

---- The question is copied for your reference. You were advised to seek legal opinion

Subramanya

1) Can I transfer my H1B to some other employer? I don't have paystubas as I haven't yet completed first month and even do not have SSN. I came to know from my friend that I do not need any paystubs if I transfer my H1b with in the first 45 days. If so, can there be any RFE's in this case.

---- You can transfer your H1 to a different emplyer. But the better option would be to go through an experienced attorney so that they can guide you in the right direction

[kannavist]

Hi

How do I transfer my H1 visa ,if it is revoked?what is the time period to transfer if it is revoked ?

[ImStuck]

i have same situation ,plz help me out

Hi

I am under same situation as Subryamanya except i have paystubs.
Have to transfer H1b in a month.
Please clarify me on 1 thing.

1. Once H1-H4 ,on H4 if i find some job and employer to take me ,do i have
can i start working right away without going through same LOTTERY and petition process.

Is it somelike my H1b is on hold till i find a job.

2. Is there any option / work visa from H1b .

3. Employers say wont process payroll after April.
How much time do i have after april to find job /h1 holder
or to change the status.
When would actually it be revoked ,1-2 months after april or april only.


Thanks

[ramabalaji]

Hi Iamstuck,
It is not Subramanya in the same situation as you are but kannavisit is. Subramanya is a senior member and it is his style of answering the way he did.
Please read properly before posting question. I hope Mr Subramanya will answer you in his own style.