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H1 Transfer (no recent paystubs)

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  • H1 Transfer (no recent paystubs)

    Hello,

    I'm planning H1 transfer to a new company. My last pay stub is from March 2010 (since then, I have been on leave, partly for medical reasons). My employment has not been terminated. Visa is valid until 2012.

    Can I do safely transfer to a new company ?

    Can I use pay stubs from March and/or medical reasons (statement from the company with doctors note) to explain my status? I traveled abroad recently for 2 weeks and just got back. Now I'm fine and ready to change the company.

  • #2
    You will need proper documentation from Doctor, hospital etc. to prove your medical leave.
    It still leaves a problem with your recent entry using old petition. There is a possibility that USCIS will interpret that entry as misrepresentation (entering without intending to join the old company). In that case new company petition may be approved without I-94. Be prepared for this possibility.
    This is my opinion and not legal advice.

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