H1b Transfer without having any paychecks

[tnl]

Hi All, i have a question regarding H1B transfer to a new emploer. I was on H4 dependent Visa since 2012 October and got my H1B approved in the current year 2013-2014 through a company AAA, now working on corp-corp as a consultant from october 1st 2013. Now i got a full time oppurtunity in the company BBB. So my question is will company BBB can file my H1B transfer though i am not having any pay checks generated yet? my understanding is we need atleast 3 paychecks to apply for H1B transfer. In that case do i need to wait for 3 paychecks to genarate and then have company BBB apply for my H1b transfer? Please suggest i dont want to lose oppurtunity with Company BBB.

 

Thanks

[jairichi]

 

Hi All, i have a question regarding H1B transfer to a new emploer. I was on H4 dependent Visa since 2012 October and got my H1B approved in the current year 2013-2014 through a company AAA, now working on corp-corp as a consultant from october 1st 2013. Now i got a full time oppurtunity in the company BBB. So my question is will company BBB can file my H1B transfer though i am not having any pay checks generated yet? my understanding is we need atleast 3 paychecks to apply for H1B transfer. In that case do i need to wait for 3 paychecks to genarate and then have company BBB apply for my H1b transfer? Please suggest i dont want to lose oppurtunity with Company BBB.

 

Thanks

 

BBB can file a cap exempt H1B petition without any pay stubs as you have started working for AAA from 1st Oct 2013. But, I believe you would have at least one pay stub from employer AAA by the time BBB files a H1B transfer.

[rahul412]

 my understanding is we need atleast 3 paychecks to apply for H1B transfer. In that case do i need to wait for 3 paychecks to genarate and then have company BBB apply for my H1b transfer? Please suggest i dont want to lose oppurtunity with Company BBB.

 

 

 

You need pay stubs only if you have worked in US on any work visa. In this case you need a pay stub for the number of days you work.

[pontevecchio]

Your understanding is wrong. If B is interested let them file a H1 petition for you. Your only problem is the delay in LCA approval due to the shutdown.

[tnl]

Thank you all for your prompt reply.

[rakesh2306]

I am in almost a similar situation, I am waiting for my H1 approval through a consultant ABC (had an RFE which was responded) and now I got a full time opportunity from a good company XYZ who is willing to do a transfer. 

My question is suppose I get my H1 through ABC approved in a couple of days from now (say 28th Oct) and if I start the transfer process in a day or two after approval I won't have any paystubs from ABC. Is this transfer possible or are there chances of RFE because of not submitting the paystubs?

 

Experts please share your thoughts on this.

[jairichi]

I am in almost a similar situation, I am waiting for my H1 approval through a consultant ABC (had an RFE which was responded) and now I got a full time opportunity from a good company XYZ who is willing to do a transfer. 

My question is suppose I get my H1 through ABC approved in a couple of days from now (say 28th Oct) and if I start the transfer process in a day or two after approval I won't have any paystubs from ABC. Is this transfer possible or are there chances of RFE because of not submitting the paystubs?

 

Experts please share your thoughts on this.

This transfer is possible

[rahul412]

I am in almost a similar situation, I am waiting for my H1 approval through a consultant ABC (had an RFE which was responded) and now I got a full time opportunity from a good company XYZ who is willing to do a transfer. 

My question is suppose I get my H1 through ABC approved in a couple of days from now (say 28th Oct) and if I start the transfer process in a day or two after approval I won't have any paystubs from ABC. Is this transfer possible or are there chances of RFE because of not submitting the paystubs?

 

Experts please share your thoughts on this.

Since you didn't worked for ABC, submit your current employer's pay stubs for the H1 transfer.

[rakesh2306]

Thank you Rahul, so you mean once I get my H1 approved from ABC, I can start an immediate transfer without ABC salary slips because I did not work there at all and there are no salary slips?

 

But I will still need the petition approval notice? or is there a way to transfer without that? I have the WAC receipt number.

[jairichi]

Thank you Rahul, so you mean once I get my H1 approved from ABC, I can start an immediate transfer without ABC salary slips because I did not work there at all and there are no salary slips?

 

But I will still need the petition approval notice? or is there a way to transfer without that? I have the WAC receipt number.

Yes, you can transfer without pay stubs. I think you would need a copy of approval notice

[rahul412]

Thank you Rahul, so you mean once I get my H1 approved from ABC, I can start an immediate transfer without ABC salary slips because I did not work there at all and there are no salary slips?

 

But I will still need the petition approval notice? or is there a way to transfer without that? I have the WAC receipt number.

Forget about ABC now. Technically it will be your H1 transfer from your current employer to full time employer. ABC doesn't come into the picture.

[madhu418]

hey rakesh whose is your current employer? ***** consulting company or someone else?

 

I am in a similar boat. I joined a consulting company based on receipt and the petition is filed under normal processing. I now have a very good fulltime opp and am not sure how my petition will be considered if the new employer files in premium processing. currently have one pay check from current employer.

if anyone had seen a similar case before let me know what your experiences are?

 

appreciate your time

[rakesh2306]

Yes, you can transfer without pay stubs. I think you would need a copy of approval notice

Thank you for your responses...

[rakesh2306]

Forget about ABC now. Technically it will be your H1 transfer from your current employer to full time employer. ABC doesn't come into the picture.

Rahul, thank you for your response but I do not think this will be a transfer from my current employer (holding my L1) to XYZ. This will be a transfer from ABC to XYZ but since the transfer will be initiated before the first paystub, paystubs might not be needed.

 

This is my understanding of the situation may be I am wrong.

[rakesh2306]

hey rakesh whose is your current employer? ***** consulting company or someone else?

 

I am in a similar boat. I joined a consulting company based on receipt and the petition is filed under normal processing. I now have a very good fulltime opp and am not sure how my petition will be considered if the new employer files in premium processing. currently have one pay check from current employer.

if anyone had seen a similar case before let me know what your experiences are?

 

appreciate your time

Hi Venki,

 

Consulting company (ABC) is not my current employer, I am on L1 through some other company. Once my H1 is approved I will be an employee of ABC.

[madhu418]

I am sure you are okay. Do join ABC once you receive the approval and then ask XYZ to file your transfer. the xyz company lawyer will submit a cover letter explaining why you dont have a pay stub from abc employer and you should be good to go.