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  • h1b transfer 2 weeks after approval notice

    Hi,
    My H1B visa was recently approved, I mean 2 weeks ago. So I’m an H1B holder. Right now I’ve another job offer from other Company and they are willing to sponsor me and also they are going to pay me more than my current sponsor.
    May I apply for a H1B visa transfer just 2 weeks after the first approval … or is this a little strange? Is there some kind of risk?
    Is there anyone with a similar experience?
    Last edited by mykan; 11-28-2009, 03:40 PM.

  • #2
    If you have already travelled to U.S through your current sponsor, then you will need at least 2 months of pay stubs to do an H1B transfer. Otherwise you can go for the transfer with just the copy of the current approval notice.
    Last edited by shervin143; 11-28-2009, 04:59 PM.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Hi,
      Thanks, for your reply. Well, I am already in US. I was here with a B1 visa and I’ve changed it for an H1B. I’ve received my new visa, the I-95 receipt, last week and my first work day should be December first.

      Comment


      • #4
        Visa is what you get stamped in your passport (It is just an entry document to U.S). If you are already in U.S in a B1/B2 visa, then I am assuming that your employer applied for a COS to H1B and the petition got approved with a new I-94. If that is the case, then the effective date on the H1B approval notice is the actual date on which your status changed from B1 to H1B. Starting that date, you need to be working for the H1B employer and get paid. If you have already passed the H1B effective date, then you will need at least 2 months of pay stubs to do an H1B transfer to a different company.

        Originally posted by mykan View Post
        Hi,
        Thanks, for your reply. Well, I am already in US. I was here with a B1 visa and I’ve changed it for an H1B. I’ve received my new visa, the I-95 receipt, last week and my first work day should be December first.
        Last edited by shervin143; 11-28-2009, 06:42 PM.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Thanks ...
          I think you perfectly described my status and situation. Effectively in my passport I have the B1 visa and the company/employer or as I said "sponsor" applied to allow me to change my status; to be honest they applied but I paid all.
          The COS was approved and I got my new I-94… only I have a document I-94 and an approval document for the change of status. The “I-94” state: the petitioner, that is the Company; Class H1B; then said VALID FORM: 11/16/2009 (is the date that the employer indicated as beginning date when my attorney filed the application).
          Do you mean I should wait 2 months beginning from the “VALID FORM date” printed in the I-94?
          Is that the only possibility?


          Originally posted by shervin143 View Post
          Visa is what you get stamped in your passport (It is just an entry document to U.S). If you are already in U.S in a B1/B2 visa, then I am assuming that your employer applied for a COS to H1B and the petition got approved with a new I-94. If that is the case, then the effective date on the H1B approval notice is the actual date on which your status changed from B1 to H1B. Starting that date, you need to be working for the H1B employer and get paid. If you have already passed the H1B effective date, then you will need at least 2 months of pay stubs to do an H1B transfer to a different company.

          Comment


          • #6
            Not just wait for two months. You will need pay stubs starting Nov 16th to prove that you are in proper H1B status. Otherwise transfer is not possible.

            Paying for H1B is illegal.


            Originally posted by mykan View Post
            Thanks ...
            I think you perfectly described my status and situation. Effectively in my passport I have the B1 visa and the company/employer or as I said "sponsor" applied to allow me to change my status; to be honest they applied but I paid all.
            The COS was approved and I got my new I-94… only I have a document I-94 and an approval document for the change of status. The “I-94” state: the petitioner, that is the Company; Class H1B; then said VALID FORM: 11/16/2009 (is the date that the employer indicated as beginning date when my attorney filed the application).
            Do you mean I should wait 2 months beginning from the “VALID FORM date” printed in the I-94?
            Is that the only possibility?
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment


            • #7
              Thanks for your reply.

              Yes I know that should be the employer to pay for the process, but I chosen the attorney and I paid for his services.

              What do you mean with the term “stubs”? And this “need” to wait 2 months; is it just a good advice or is it a written law for the transfer application?

              Thanks,

              Originally posted by shervin143 View Post
              Not just wait for two months. You will need pay stubs starting Nov 16th to prove that you are in proper H1B status. Otherwise transfer is not possible.

              Paying for H1B is illegal.

              Comment


              • #8
                I mean, you need at least 2 months of pay slips (Document indicating that your employer paid you the salary for the work you performed for him. Which also serves as an evidence that you are maintaining a valid H1B status.) for a successful H1B transfer. The employer who is willing to do the H1B transfer would already know this. I suggest you consult a good immigration lawyer in case you need more clarification.

                Originally posted by mykan View Post
                Thanks for your reply.

                Yes I know that should be the employer to pay for the process, but I chosen the attorney and I paid for his services.

                What do you mean with the term “stubs”? And this “need” to wait 2 months; is it just a good advice or is it a written law for the transfer application?

                Thanks,
                Not a legal advice. Use of this information is strictly at your own risk.

                Comment


                • #9
                  Ok, now I understand … it is like a proof for the valid H1B status.
                  But is there an official USCIS statement that state to file a proof of salary payments for two months of work with the previous sponsor?
                  I’m asking about that because this evening I’ve a meeting with a manager of the company that want to hire me and if I have to ask them to wait me for 2 months I’d like to have some kind of written justification.

                  Yes I will try to ask my attorney about that, anyway asking them about H1B visa transfer for another Company, it is like a conflict of interest, because this attorney has helped me with the previous sponsor.

                  Thanks.


                  Originally posted by shervin143 View Post
                  I mean, you need at least 2 months of pay slips (Document indicating that your employer paid you the salary for the work you performed for him. Which also serves as an evidence that you are maintaining a valid H1B status.) for a successful H1B transfer. The employer who is willing to do the H1B transfer would already know this. I suggest you consult a good immigration lawyer in case you need more clarification.

                  Comment


                  • #10
                    Assuming you were not out of status, if you have held H1b status only for 2 weeks, you have to provide the proof of payment and valid status for that period only. No need to wait for 2 months to file for a transfer. You can have the new employer file for transfer immediately.

                    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

                    Comment


                    • #11
                      Thanks to your reply.
                      I wasn’t out of status but I do not have proof of payment because I haven’t still worked for my current “sponsor”. We decided to begin the job this week, once finished the “thanks giving week”. Maybe that is a problem to accelerate the transfer option.


                      Originally posted by txh1b View Post
                      Assuming you were not out of status, if you have held H1b status only for 2 weeks, you have to provide the proof of payment and valid status for that period only. No need to wait for 2 months to file for a transfer. You can have the new employer file for transfer immediately.

                      Comment


                      • #12
                        Originally posted by mykan View Post
                        Thanks to your reply.
                        I wasn’t out of status but I do not have proof of payment because I haven’t still worked for my current “sponsor”. We decided to begin the job this week, once finished the “thanks giving week”. Maybe that is a problem to accelerate the transfer option.
                        If you have not worked for the sponsor, then you are out of status since the date the H1b was approved. Yes, that is a problem as employer MUST pay you from day 1 on a H1b. That is the law.

                        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

                        Comment

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