Can i switch employers frequently

[choice2012]

Hi

I was working with employer A under H1B visa till 5th year of H1B and i got affected in recent restructuring so did a COS to F2 visa which got approved in 3 weeks. My F2 status started on Nov 30th, 2011 then later i got a job offer from employer B and they did a premium processing for my H1b transfer, my new H1B with employer B started from Jan 4th, 2012 and start work date is Jan 17th, 2012. Now i got one more job offer from employer C who are ready to do my greencard processing.

My queries are
1. Can i take new offer from employer C and do a H1B transfer to them.
2. What all documents are needed for my H1B transfer to employer C

Currently i dont have paystubs from employer B as i am yet to start work with them. Can my H1B transfer be performed without any paystubs from employer B, if not how many paystubs are needed.

Employer C wants me on board from Jan 30th, 2012.

Thanks for your time and help

[shervin143]

1. Can i take new offer from employer C and do a H1B transfer to them.
>>> Yes.

2. What all documents are needed for my H1B transfer to employer C
>>> http://www.immihelp.com/forum/showthread.php?t=75721

Currently i dont have paystubs from employer B as i am yet to start work with them. Can my H1B transfer be performed without any paystubs from employer B, if not how many paystubs are needed.
>>> If you are currently in H1B status, then it is possible. If you are currently out of status on H1B, then it is not possible.

Employer C wants me on board from Jan 30th, 2012.
>>> What is your current non-immigrant status?

[choice2012]

Hi

Thanks for your quick response.

I am currently in H1B status, since Jan 4th, 2012.

My start date is Jan 17th, 2012.

I was on F2 status from Nov 30th till Jan 3rd, 2012.

My employer B gave me only I 797 C -Notice of action courtesy copy where it does not list new I94# but lists the receipt number (WAC#). Is this enough for my H1B transfer processing.

I am currently in USA and yet to start my work using employer B work permit. So, i may not be having enough paystubs for my H1B transfer, will this be a problem.
Also note i have re-entered my H1B status on Jan 4th, 2012 but client wants me to start from Jan 17th, 2012.

I have one more query.

3. My 6th year of H1B work permits ends on Feb 24th, 2013. If my new employer agrees to do my Greencard processing, by when they should start my PERM.

As my employer wants to wait for 6 more months before starting PERM-greencard processing, i am not sure if i can wait that long. So, i would like to know how more months i can wait before i can start my greencard processing.

Thanks again for your time

[shervin143]

Hi

Thanks for your quick response.

I am currently in H1B status, since Jan 4th, 2012.

My start date is Jan 17th, 2012.
>>> If your H1B effective date is Jan 4th, then you should be working and getting paid as of Jan 4th. Otherwise you are out of status on H1B.

I was on F2 status from Nov 30th till Jan 3rd, 2012.

My employer B gave me only I 797 C -Notice of action courtesy copy where it does not list new I94# but lists the receipt number (WAC#). Is this enough for H1B transfer processing.
>>> Yes, that is enough for the H1B transfer. But you need the I-94 to be attached to your passport and you shuld return it when you leave the country. The I-94 is yours. Get it from the employer.

I have one more query.

3. My 6th year of H1B work permits ends on Feb 24th, 2013. If my new employer agrees to do my Greencard processing, by when they should start my PERM.
>>> PERM should be filed 365 days prior to your 6th year end.

As my employer wants to wait for 6 more months before starting PERM-greencard processing, i am not sure if i can wait that long. So, i would like to know how more months i can wait before i can start my greencard processing.
>>> If PERM is filed in the 6th year, then you need both PERM and I-140 approval to get the 7th year extension.

[choice2012]

Thanks for quick update.

I have a last query, how many paystubs from employer B are needed for my H1B transfer to employer C.

I can only have 1 by end of this month, will that suffice the need.

Also, i did not get paid for 8 days from Jan 4th till Jan 13th, 2012, will that lead to any major issues later on.

[shervin143]

You just need to have payslips from day one on H1B status. If you are in H1B status only for 1 month, then 1 month of pay slip is good enough. While filing the transfer, if the employer includes a cover letter mentioning that you were in H1B status only for 1 month, that will help.

Thanks for quick update.

I have a last query, how many paystubs from employer B are needed for my H1B transfer to employer C.

I can only have 1 by end of this month, will that suffice the need.

Also, i did not get paid for 8 days from Jan 4th till Jan 13th, 2012, will that lead to any major issues later on.

[choice2012]

Hi

I have switched from F2 visa to H1 visa which got approved on jan 4th.., my employer A paid my salary from jan 9th till Jan 20th on Jan 27th, now i got a new offer from employer B. Can i apply for my H1B transfer using just a single paystub from employer A
and will USCIS put a query for the missing three days jan 4th, 5th and 6th of pay.

Thanks

[shervin143]

I have switched from F2 visa to H1 visa which got approved on jan 4th.., my employer A paid my salary from jan 9th till Jan 20th on Jan 27th, now i got a new offer from employer B. Can i apply for my H1B transfer using just a single paystub from employer A
>>> Yes.

and will USCIS put a query for the missing three days jan 4th, 5th and 6th of pay.
>>> Possible. You were technically out of status for 3 days.

[choice2012]

Thanks for your quick response.

So, in case i go ahead and apply for H1B transfer to new employer B and get a RFE asking for paystubs for dates Jan 4th, 5th and 6th. As i cannot provide the paystub can i still continue working for employer A with the current H1B petition or will let it cancelled automatically once i apply for my H1B transfer eventhough it did not go through and also let me know if this issue will be recorded in the system and will get effect me anyway ( GC processing or H1B transfer to employer C) later on.

Thanks

[shervin143]

Transfer is not literally a transfer. You can continue to work for the current employer even after the transfer gets approved. Out of status can cause issues anytime if they happen to figure out. Any information ralted to RFE will certainly be in their system.

[choice2012]

I have checked my paystub where it lists 40 under hours , describes salary as regular but lists total salary for 2 weeks.



pay start 01/09/12
pay end 01/20/12


Though the paystub says 40hrs,, the salary amt matches to 2week pay. The reason is, jan 9th week was bench pay and Jan 17th week i worked at the client but paystub does not describe it properly and shows only 40 in hours column instead of 80. I would like to use this paystub, for my H1B transfer to new employer but not sure if it is advisable to do so...

What issues i may face in case i use this paystub

Thanks

[shervin143]

Well, it depends on the officer who handles your case. Either it can be overlooked or an RFE can be raised for being paid less than the LCA.

I have checked my paystub where it lists 40 under hours , describes salary as regular but lists total salary for 2 weeks.



pay start 01/09/12
pay end 01/20/12


Though the paystub says 40hrs,, the salary amt matches to 2week pay. The reason is, jan 9th week was bench pay and Jan 17th week i worked at the client but paystub does not describe it properly and shows only 40 in hours column instead of 80. I would like to use this paystub, for my H1B transfer to new employer but not sure if it is advisable to do so...

What issues i may face in case i use this paystub

Thanks