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Very Urgent H1 clarification

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  • Very Urgent H1 clarification

    Hi,

    I am having h1b 2008 to 2010,At present i am in india.But i used only 6 months of my visa.Recently my employer mailed me about my H1 cancellation .I thought he cancelled my h1b.Can i transfer my h1b from india to any other employer without any paystubs.

    Please clarify me in thid regard .This is very urgent.

    Thanks,
    RK

  • #2
    please reply me.This is very urgent.

    Comment


    • #3
      You need paystubs only if you are transferring visa while you are in US.
      [Note:- I am sharing my views, contact your attorney for the best advice]

      Comment


      • #4
        You will need pay slips for the period that you were in U.S on the H1B status. You don't need any pay slips for the period spent outside U.S since there is no status when you leave the country.

        Originally posted by rkomaturi2381 View Post
        Hi,

        I am having h1b 2008 to 2010,At present i am in india.But i used only 6 months of my visa.Recently my employer mailed me about my H1 cancellation .I thought he cancelled my h1b.Can i transfer my h1b from india to any other employer without any paystubs.

        Please clarify me in thid regard .This is very urgent.

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

        Comment


        • #5
          Hi ,

          Thanks for your valuable responses.Unfortunately i don't have any paystubs while i am in USA.Because heavy recision period in US that time.I came back to my home country and working here now.But employer in US cancelled my h1b.One of the employer in india showed interest in my resume and They are palnning to transfer H1b.

          Can you please suggest me.

          Thanks,
          RK

          Comment


          • #6
            Well, all that you can do is apply for a transfer and see how it goes. In case they ask you to prove your status (by asking for pay slips or W2) during your stay in U.S, then you will be in trouble.

            Irrespective of recession or whatever it might be, when you are in H1B, you need to get paid by the employer. Otherwise you can complain to DOL and make them pay. Getting you a project is employer's responsibility.
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment


            • #7
              Thanks for your response.I forgot to mention one morething.

              I have one paystub from my initial employer.While working with him,he is not able to show me a project.So i transfer my visa to other employer in USA,i got 3 pay stubs.Project is over and so they cancelled my h1b while i am in USA.But my first employer not cancelled my h1b visa that time.After my second employer cancelled my h1b i am immidiately move to india.Now recently my first employer also with draw h1b petition.

              At present one of the employer from india willing to transfer my h1b.If i go USA is it cause any issues.Or how can i know that whether my status is still valid.

              Thanks,
              RK

              Comment


              • #8
                There is no status when you are outside U.S. If you have few latest pay slips for the period you stayed din U.S, then that will help. However, did you get the W2's from both the employer? Did you file your tax returns? USCIS or Consulate (while going for the visa interview) can ask for the previous W2's.
                Not a legal advice. Use of this information is strictly at your own risk.

                Comment


                • #9
                  Thanks for your response.Yes i get w2's from both the employers and also i file tax returns from india through online.

                  Both the employers cancelled h1b,still i can transfer my H1b right?

                  Thanks,
                  Rk

                  Comment


                  • #10
                    My employer requested following info<could you please elaborate this sentence.


                    H1-B Visa Petition (Form I-797) including the original plus any extensions or changes of status

                    Comment


                    • #11
                      They are asking you to send all the approval notices (I-797's) that you have received so far. You should have one from your first time H1B. If you would have extended your stay, then you would have got another one at that time. Also, if you would have done a transfer before, then you would have got another one. Whatever approval notices that you have, do send them a copy (Keep the original with you).


                      Originally posted by rkomaturi2381 View Post
                      My employer requested following info<could you please elaborate this sentence.


                      H1-B Visa Petition (Form I-797) including the original plus any extensions or changes of status
                      Not a legal advice. Use of this information is strictly at your own risk.

                      Comment


                      • #12
                        Thanks Shervin,i have first employer approval notice,i did transfer to second employer but they cancelled in middle.So i don't have second approval notice.Is first approval notice is enough?

                        Regardsd,
                        Raju komaturi

                        Comment


                        • #13
                          Yes, that is enough.
                          Not a legal advice. Use of this information is strictly at your own risk.

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