H1B visa transfer - Multiple employers


layman

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I was laid off from company A on Jan 3rd 2012. My last payslip is dated Jan 3rd 2012.

I now have two companies B and C willing to transfer my H1B visa to their name.

First, is it possible for both companies B and C to apply for my visa transfer simultaneously ?

Company B is in the process of getting my LCA approved and they will probably get my LCA approval by Monday Jan 23rd while I haven't accepted the offer from company C.

Second, Can Company C apply for a visa transfer in the first place since I don't have a payslip for Jan 20th ?

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Generally, it is permissible for more than one company to sponsor the same individual for an H1B petition; however, the H1B beneficiary will need to decide which employer to work for once the petition/s are approved. In order to change H1B employers in the U.S. the H1B beneficiary must be maintaining valid H1B status. Once a beneficiary is laid off, s/he is no longer maintaining status and is ineligible to change employers in the U.S. Instead, s/he would need to apply for consular processing. Please schedule a consultation with a qualified immigration attorney to discuss the specific facts of your case and to determine the options available to you to change employer.

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First, is it possible for both companies B and C to apply for my visa transfer simultaneously ? Yes

Second, Can Company C apply for a visa transfer in the first place since I don't have a payslip for Jan 20th ? Yes

uscis may ask for your recent paystubs, and if they are missing they will approve the petition and deny exxtension of stay....in that case you will have to go back to india for stamping and return with new visa stamp

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