H1B transfer

[kvarun]

Hi ,

My situation -

I came from india to US in an onsite position for company A .
project is over and they have transferred me to india .
Till last week am company A US employee getting salary here . But from today am company A India employee getting salary in India .

But am still in US now and i should leave to India shortly .

Now i got a offer letter from company B and they are ready to apply for H1 transfer in 3 days .

I know for H1b transfer i need to be on some job in US . So,as am no more on company A US payrolls , does that mean I have lost my job in US .But i know my h1 visa is not cancelled by company A .

So , If i somehow manage to stay in US for 2 more weeks what are my chances of getting approval for H1b transfer ?


If i am in India during H1b transfer , I have the following questions -

- Will the H1b transfer process would be smooth if am in India ?

- In that case would i need stamping of the visa again ?

- Chances of getting approval ?

- Do i face any issue at port of entry in US airport ?


Plz suggest whether it is best way to get H!b transferred when am in US or when am in India

[kabkaba]

Depending on your last paystub or last day of work (in the US) and the date H1 petition is received by USCIS, the gap will determine if your extension of status will be approved or not.
If your new employer is a consultancy firm, they will face extra scrutiny in their petition. So if that is the case I will advise you to leave the US and let the employer process the petition. If approved, you can travel to US using your existing Visa in your passport if it has not expired then. While this petition is being processed, you can continue your India job or serve notice period there if required.

[shervin143]

For a successful H1B transfer, you need to provide the latest pay slips. If you don't have pay slips to prove that you are currently in a job and maintaining the H1B status, then the chances of a successful transfer is very less. Even if the transfer gets approved, the chance of the H1B getting approved without an I-94 is very high.

- Will the H1b transfer process would be smooth if am in India ?
>>> Possible. It is not called as H1B transfer when you are not in H1B status. It is a new H1B petition under the same CAP that you currently hold.

- In that case would i need stamping of the visa again ?
>>> If you already have a valid H1B visa, then you can use that along with the newly approved petition to travel to U.S.

- Chances of getting approval ?
>>> No one can predict. It depends on the documents submitted to USCIS.

- Do i face any issue at port of entry in US airport ?
>>> Not if you have all the required documents and if the job is genuine.

[kvarun]

Hi,

I have pay slip for feb,jan,dec . I will get pay slip only till march 13 in US after few days.

I have already submitted all my docs to new company .so, if my H1 transfer is applied on Mar 17 with feb pay slips , then what are the chances for H1B approval ? Do the USCIS check whether my payroll is still running in my previous company ?

Thanks

[shervin143]

Advisable to file the transfer as soon as possible and continue to work for the new employer immediately after filing the transfer. There are chances of a successful transfer if you act fast.

Hi,

I have pay slip for feb,jan,dec . I will get pay slip only till march 13 in US after few days.

I have already submitted all my docs to new company .so, if my H1 transfer is applied on Mar 17 with feb pay slips , then what are the chances for H1B approval ? Do the USCIS check whether my payroll is still running in my previous company ?

Thanks

[kvarun]

LCA is applied and will get it in 3 days .So on thursday H1b transfer would be applied .So by monday/tuesday we will get the receipt and i will start working for the new company immediately .

So , in this case there would be a gap of 4 days. Is this gap acceptable ?
It would be a calculated risk ? probability of H1 transfer is high ?

Both old/new companies are very large IT organizations .

[shervin143]

Technically if you are out of status, then the chances of a successful transfer is very slim (Maybe H1B will get approved without a new I-94, which will force you to go out of the country and return back on H1B visa). But since the gap is very less, I believe it will go through successfully.

LCA is applied and will get it in 3 days .So on thursday H1b transfer would be applied .So by monday/tuesday we will get the receipt and i will start working for the new company immediately .

So , in this case there would be a gap of 4 days. Is this gap acceptable ?
It would be a calculated risk ? probability of H1 transfer is high ?

Both old/new companies are very large IT organizations .

[kvarun]

so, during H1b transfer does USCIS check whether am on payrolls of previous company or it just verifies the payslips that i provide ?

I have applied with the Feb payslips ..

Do USCIS by any chance finds out whether am on payrolls of previous company ?

Thanks