advice on job change plz

[MrGeek123]

I got laid off in the first week of july and got an offer in the second week of august. The new employer applied for H1 transfer in premium processing and I got my h1 transfer approved. I now got a very good offer from another company. Though I have the H1 approved, i do not have the approval notice with me yet. My question is, if I need to transfer to a new employer, is the approval notice enough or do I need two paychecks? I do not have paychecks from july second week for the job that I was laid off or the current one. Is it too risky to apply for a transfer with new approval and without paystubs?

[Attorney_20]

The answer to your question depends on whether USCIS also approved Company 2's extension of stay request. If the I-797 Approval Notice has an I-94 attached to the bottom right corner, you should be able to transfer to the newest company upon the filing of their Change of Employer petition since you are currently in H1B status. If the I-797 Approval Notice did not come with an I-94 card, you are not in status currently and you need to first get into H1B status before you transfer to another employer.

If you have a gap in H1B status, USCIS will not be able to approve the extension of stay request and you may have to travel abroad to obtain a visa and reenter the U.S. to obtain an I-94 card. Based on your explanation, you could have a gap in nonimmigrant status if Company 1 withdrew your H1B petition after they laid you off. You should wait to see Company 2's approval notice to determine whether you can move to Company 3 upon the filing of their petition.

[MrGeek123]

Thank you for your response. I got the H1 approval with I-94 attached to it. I got the approval yesterday and I have been working for Company 2 for 2 weeks now, so I don't have any paystubs from them.

I don't have recent paystubs from Company 1 either.

My question is can I transfer to Company 3 without paystubs as I joined recently or do I need to wait for paystubs. If I have to wait for paystubs, how many would I need? Please suggest

[Attorney_20]

Generally, you should submit documentation that shows you maintained the terms and conditions of H1B status. For example, your offer letter and/or experience letter, pay stubs that you do have, evidence of your work, etc.

It is usually a good idea to wait until the newest employer's petition is approved before moving to the new company. What if you move to Company C while the case is pending and USCIS ultimately denies it? If Company B withdrew your H1B with them after you transferred, you would be out of status.

The safest approach is to file Company C's petition via Premium Processing to get a quicker adjudication and wait until it is approved before moving. You and your prospective employer should discuss the case with an immigration attorney to make sure it is properly filed.