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H1buser39

Mismatch of employer names in payslip and I797

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Hello,

I'm working a full-time employee on h1-b. When my h1b filed in 2016, it was filed with a company name lets say "ABC", however I actually work for a subsidiary "DEF"(it's a child company, my employee badge has ABC on it). I have just noticed my payslips are generated under "DEF". I went for visa stamping and got it stamped without any issue. I traveled in and out of the country 6 times with I797 stating ABC as my employer.

 

As soon as I noticed the issue, I have contacted immigration attorneys and they said, we have to file an amendment.

 

Now the problem is, I got a new job(full-time), they have initiated the h1b change of employer.

Will there be any problem if my h1b amendment and change of employer gets filed at the same time?

Will my h1b be transferred without any issues?

Please advise!

 

 

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48 minutes ago, rad39 said:

Hello,

I'm working a full-time employee on h1-b. When my h1b filed in 2016, it was filed with a company name lets say "ABC", however I actually work for a subsidiary "DEF"(it's a child company, my employee badge has ABC on it). I have just noticed my payslips are generated under "DEF". I went for visa stamping and got it stamped without any issue. I traveled in and out of the country 6 times with I797 stating ABC as my employer.

 

As soon as I noticed the issue, I have contacted immigration attorneys and they said, we have to file an amendment.

 

Now the problem is, I got a new job(full-time), they have initiated the h1b change of employer.

Will there be any problem if my h1b amendment and change of employer gets filed at the same time?

Will my h1b be transferred without any issues?

Please advise!

 

 

"As soon as I noticed the issue, I have contacted immigration attorneys and they said, we have to file an amendment." - WHo are these immigration attorneys ? Are they working for your employer and filed your petition in the first place?

Anyways, it should not be much of a deal as some company's finances are handled by the parent company. Your employer might be doing the same. Amendment will probably not be a bad idea. And I do not think h1b transfer will be an issue just because of that. In theory H1b transfer is not a transfer but a new petition by a new employe. H1b amendment will be considered an isolated event as well. Nobody knows for sure  how USCIS officer will look at it.  Usually if there is a mismatch and no documentation is given to map those two names, there might be an issue or an RFE which should be very easy to challenge.  Nobody can tell you anything for sure without an in-depth review of your case. I would ask these questions to those  immigration attorneys first. 

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WHo are these immigration attorneys ? Are they working for your employer and filed your petition in the first place?

-- they are working for my current employ.

I have a new job offer and that company is filing COE, so I'm not if it is a good idea to file amendment with current employer.

Sure, I will ask my prospective employer attorneys if they can build the case without getting an RFE for this scenario.

 

Thanks for taking time to answer the question!

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