H1B Transfer


tejasai

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Hi Murthy Law Firm-

I am stuck in a tense situation. I accepted an offer with company B on Feb 16th and company B said they will do H1B transfer. The below is my detailed situation:

1) First Issue: My company A merged with another company from Feb 1st. I have submitted my most recent pay stubs to company B. As my company A merged in to another company the pay stubs i.e., Feb 1st to Feb 15th & Feb 15th to Feb 28th are on new company name. Now company B are asking any merger documents which company A are saying they don't have any since the merge is still in process.

2) Second Issue: I have resigned my company A on Feb 17th in order to get my I140 Approval document from them. When i submitted second pay stub i.e., Feb 15th to Feb 28th, they ran the pay stub for pay period ending Feb 28th but gave only 2 days pay i.e., Feb 15th to Feb 17th. Company B are saying that as i have resigned company A on Feb 17th, I do not have employment since then and they are telling they will process my H1 Transfer under consular processing.

Based on my above issue, can you please let me know what can i do ? Do i necessarily go for consular processing. My H1B is still valid till 12/2018 and my I140 approved in 2015. My visa is still valid till 12/2018. 

Thanks & Regards,

Teja

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