dreams11 Posted January 13, 2012 Report Share Posted January 13, 2012 Hi, I am on H1b visa. I am planning to transfer my H1b with a new company. As H1b quota is full now, do I have to wait for April 2012 to make the transfer or I can transfer right now? Thanks Link to comment
dreams11 Posted January 15, 2012 Author Report Share Posted January 15, 2012 Hi, I am on H1b visa. I am planning to transfer my H1b with a new company. As H1b quota is full now, do I have to wait for April 2012 to make the transfer or I can transfer right now? The process will be the same as new H1b? Thanks Link to comment
livliv Posted January 15, 2012 Report Share Posted January 15, 2012 What is commonly known as 'transfer' is actually a cap-exempt petition filed by a different employer. If you have not spent 6 years in the US in H1 or L1 status, the new employer can file a cap-exempt petition for you at any time. Link to comment
JoeF Posted January 15, 2012 Report Share Posted January 15, 2012 If you already have been counted for the quota, you are not counted again. So, the H1 application from the new employer can be filed at any time. Link to comment
pontevecchio Posted January 16, 2012 Report Share Posted January 16, 2012 You can change employers subject to the total of 6 years in H1 status as you have been counted once. Link to comment
dreams11 Posted January 18, 2012 Author Report Share Posted January 18, 2012 Thanks to all for the response.... My current employer is putting me on bench on and off and he doesn't pay for that period too. That's the reason I am planning to switch to a different employer. I want to know whether USCIS need any documents to be released from current employer in order to transfer H1b to a different company? Appreciate your help... Link to comment
livliv Posted January 18, 2012 Report Share Posted January 18, 2012 If you are in the US in H1 status, you will need to provide paystubs to prove that you are maintaining H1 status. Link to comment
Chitown01 Posted January 18, 2012 Report Share Posted January 18, 2012 USCIS would need photocopies of: 1. Previous Approval Notices (I-797) 2. At least last 3 paystubs. You will NEED most recent paystubs for so called "transfer" to another company. Link to comment
dreams11 Posted January 18, 2012 Author Report Share Posted January 18, 2012 Thanks Chitown01 I have I-797 and for paystub my company is generating 15days pay soI have Dec 26 - Jan 8 40 hours work pay stub but Jan 9 - Jan 20 period I worked only 16 hours then no work, How long I can stay on H1 without work? Do USCIS required transfer release letter from my current employer? Link to comment
Chitown01 Posted January 18, 2012 Report Share Posted January 18, 2012 No Transfer Release Letter is Needed.... There is No Grace period on H1 like F1 do you already have another job? have they already started your h1 process? or you plan to look for a new job now? either way you will be out of status since you havent been paid... on H1 you need to get paid all the time Link to comment
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