H1 transfer while in India

[Ritz1981]

Hi All,

I am in the process of transferring my H1 to one of the Indian IT Giant company (MNC CMM Level 5).

The HR of this company said that H1 transfer cannot take place if the candidate is out of US. I politely argued with him and then he seemed to be convinced with me. My questions are:

1. Is the HR correct?

2. I am in India since June 2011 and therefore I only have paystubs till May 2011 as I was an employee of a consulting firm (As they don't pay after first 3 weeks of paid vacation). Will there be any issue with the H1 transfer regarding my recent paystubs?

PS: I H1 visa has been denied twice during this period.

Thanks

[JoeF]

Technically, there is no such thing as a transfer.

It is always a new H1. So, HR is right.

The only thing that's different if you are in the US on H1 is that you can start working for the new employer while the new H1 is pending.

[Ritz1981]

Thanks. But can you transfer the H1 from India? The company now says if you are in India then it's very difficult to transfer the H1

[Ritz1981]

Hi Joe,

Do I need to give June and prior two months when my new employer files new cap-exempt H1?

Just one more question:

What is the difference in the process and list of documents required when filing new cap-exempt h1 for a person WITHIN & OUTSIDE US?

[JoeF]

Thanks. But can you transfer the H1 from India? The company now says if you are in India then it's very difficult to transfer the H1

As I said, there is no transfer.

A new H1 filing is the same as every other H1. Not easier, not harder.

[JoeF]

Hi Joe,

Do I need to give June and prior two months when my new employer files new cap-exempt H1?

Just one more question:

What is the difference in the process and list of documents required when filing new cap-exempt h1 for a person WITHIN & OUTSIDE US?

There is no difference. It is always a new H1. Please forget the term "transfer". It doesn't mean anything.

[Diorsdune]

@ JoeF - If I have an approved H1b petition with Co. A.. & given that there is no such thing as a H1b transfer' then can Co. B file for a new H1 without the earlier "petition" or is that required?

Also, if I haven't worked with Co. A at all.. then Co. B does not necessarily need recent pay-stubs to file new H1.. given that I wasn't working at all (not with Co. A or even anyone else).. right?

[Diorsdune]

Can someone please respond.

I've learnt from another post that the pay-stub from Co. A (in my example) is not required. Would appreciate a response to the other Question..

[JoeF]

If you haven't work for company A in the US, paystubs are not required. They are asking for paystubs only to see that if the person is in the US, that the person got paid as required by the law.

The only thing company B would probably need is the receipt number of the earlier H1 to show that you have an older H1 and are not subject to the quota.