Urgent PLS H1 Transfer

[manoharm]

Urgent please advise:

I have F1 visa which expired on Aug 1st

I have a valid H1 status for Employer A (change of status from F1 to H1 on Feb 2011)

I am going to India on Sep 11 for two weeks and get Visa for Employer A

Can I apply for a H1 transfer to Employer B as soon as after coming back from India with a valid visa, or do I have to wait for at least two pay stubs to run for Employer A before applying for Employer B

[shervin143]

You are technically allowed to file the transfer immediately after reaching USCIS. An experienced attorney can show that you were out of U.S and that is the reason for no latest payslips. However, to be on a safer side, most employer will ask for the latest 2 payslips before they file the transfer. There is a lot of money involved in filing a transfer and no one would like to take a chance.