H1B (status and transfer issue)

[ukcop]

For the first time, H1B approved for COS beginning Oct09, project start date deferred to Dec 09, not getting paid during intial 60 days:

1. Impact on H1B status? (Employer can defer his wage obligation by 60 days for COS case under the 30/60 rule)

2. Is a transfer possible? (No paystubs)

3. What are the chances of transfer approval in these first 60 days - COS vs consulate processing and how it declines with clock ticking. Any opinions based on previous experiences?

Thanks

[shervin143]

1. Impact on H1B status? (Employer can defer his wage obligation by 60 days for COS case under the 30/60 rule)

>>>>>> No impact on your H1B status. At the end of the 60 day period, you must be paid the prevailing wages listed in the LCA, regardless of whether you are in a project or not.

2. Is a transfer possible? (No paystubs)

>>>>>> Yes. Advisable to go for a transfer within the first 30 days (No pay stubs required for transfer within the first 30 days).


3. What are the chances of transfer approval in these first 60 days - COS vs consulate processing and how it declines with clock ticking. Any opinions based on previous experiences?

>>>>>> Approval of transfer depends on a lot of other factors as well. Like mentioned in ans. 2, it is advisable to do it within the first 30 days. Otherwise, in case of an RFE, you will have to respond back with the proper answers about your project getting deferred to a later date (Any letter from your current employer stating the same). If there is an RFE, it would most likley be whether you had been maintaining your status or not with your Company. If you are planning to do a transfer, you might need to do a premium processing.