Transfer H1B without copy of Oriinal H1B

[abcde12345]

Hello,

 

I am having an issue related to transfer of my H1B visa. I'll try to explain my situation below point by point:

 

1. While on OPT, a consulting company (my current employer) based in VA helped me find a project in CA (project lasted about 6 months). My project ended in first week of April.

2. My employer filed for an H1B which got approved by USCIS (will be effective from October 1st).

3. My employer had provided me the receipt number of H1B application so that I could track my application.

3. Currently I am on OPT cap-gap extension period and have no project (unemployed).

4. I would like to find a full time position and get my H1B transferred to a new company.

5. My employer has declined to provide me a copy of my H1B approval.

 

Under such circumstances, is it possible to get employment at another company now and/or after October 1st and have them transfer my H1B without availability of any documentation on current H1B approval. At this time, all I have is the receipt number of H1B application status check (ex. ABC-123456).

 

Thanks!

[0407]

File FOIA (G639) you will get a copy of all your immigration documents.  your I-129 will have

approval seal and that is enough for proof

[abcde12345]

Thank you for your response.

 

I wanted also ask if the new employer would be able to file for transfer of H1B without paystubs from me. I know in many posts on this forum, people have said that paystubs are important to prove one is in status or else have to leave the country and come back. In my scenario, I am still on OPT which ends on September 30th. I worked for this employer at a client site in CA for about 6 months. Last 5 months I did not have any pay as my employer could not get find me a project. However, on OPT I am not required to be paid. So is it possible that I join my new employer around Sep 25th and as them to file for H1B transfer. Also if someone could shed light on how soon should the new company file for H1B transfer.

One last thing I wanted to know, can my current employer cancel my approved H1B? Is there a way I could go about doing what I need to without having to worry about H1B being canceled.

[0407]

Your employer can cancel the H1B. But some other employer can still transfer that H1B. Once your

cap subjected H1B is approved your subsequent H1B petitions ( a transfer is just another H1B without

being subjected to cap) are cap exempt. Withdrawal of previous H1B has no impact on ability

of another employer to transfer that H1B.

 

If your H1B transfer is filed say after Oct 1, USCIS might want to see pay stubs. Because your status

changes to H1B on Oct 1 and you need to get paid on H1B. If your transfer is filed before Oct 1, as you

are on OPT and there is no requirement that you need to be paid, pay stubs may not be required. 

A new employer can file a H1B for you anytime. 

[abcde12345]

Thank you so much for your informed response