H-1 Transfer Queries

[anant83]

All,

I have few queries on H-1B transfer and I hope some of you, based on your experience can clarify.

Background:

I was working in US for a MNC as a permanent employee on a EC model for last 2 years. I came to India few months back and got a 221G for my H-1B stamping for additional documents that the consulate wanted to see. My employer has provided alternative responses as their policy does not allow sharing the documents the consulate has asked for but the consulate rejected the responses and issued me subsequent 221Gs. I have been on loss of pay for last 4 months and waiting in India.

Current situation:

I want to look for another employer in the US who can do a H1 transfer. I am confident of finding someone who can offer me a permanent position given my background and skillset. But I have the following queries.

• Can I go for H1 transfer while my stamping is pending on 221G - additional documents required?
  
• If yes, is it possible to do a H1 transfer without the payslips for last few months? I have the payslips only till August'11
  

Thanks a lot in advance.

[Chitown01]

If you get a new job, employer will file for your new H1, since you were already counted towards the cap in past, you will be CAP EXEMPT this time.

Since you are outside the US, approval will be with Consular Processing so No Need of Pay Stubs for the new employer i guess.

[anant83]

Thanks for the response. I believe if I go for a new H-1 petition, I need to wait till October to get it stamped. Is it possible to transfer my existing petition to the new employer, given I don't have recent pay stubs? Or is a new H-1 the only way out for me here?

[Chitown01]

There is nothing like "transfer" there is always a "New" petition and since you are counted towards the cap you will be cap exempt and once it is approved u can start working asap you dont have to wait till Oct 1.

Transfer is the word ppl use for convinence, all it is petition to move to new employer with extension of stay.

Let the new employer file, submit all the pay stubs you have and wait for their response. Good Luck !!

[anant83]

Thanks a lot Chitown01. Really appreciate your responses.