H1B Transfer

[PraveenDvg]

My H1 B got approved in Sep 2005 from Company A, stamping was done in Jul 2006 & as per stamping it was up to Sep 2008.

I travelled to USA in Mar 2008 and I was working till Apr 2009. As my stamping was expired, my company had applied for extension and it was under process when I left USA in Apr 2009 and returned to India. Extension was approved & it got extended up to Dec 2009. However, at that time I was in India and did not get any chance to travel to USA.

Then I left company A and joined company B in India. As per my understanding, once H1B is approved, you can use that for 6 years and also it is transferrable. With this understanding I have below queries, please help me in resolving them.

* Is my H1B visa still valid?

* Can I get my H1B transferred to my current company B ?

* If yes what is the procedure to transfer my H1B?

Thank you.

[Attorney_10]

Generally, an individual is eligible for six (6) years of time on H1B status. Time spent outside the U.S. does not count towards the six year limitation. Generally, in order to work for a new employer in the U.S. the new employer must file a new H1B petition on behalf of the individual. Once the petition is approved the individual may apply for a visa and enter the U.S.

Please schedule a consultation with an experienced immigration attorney to discuss your specific facts and to determine how much H1B time you have left and to discuss the best strategy for filing the H1B petition with Company B.

[Magicjack]

I have few queries where I would like an expert Attorney to advice:

Currently I have a H1B visa (Valid next four years) which is held by company A. Two weeks back I received a job offer from company B which I had accepted i.e I have joined company B right now as once the transfer request is submitted to USCIS I can join employer without waiting for transfer approval. Currently company B has started H1-B visa transfer process which typically takes 4-6 weeks due to large applications at USCIS. Three days back I have received another job offer from Company C and offer is great and I am inclined to accept it. My questions are:

Ø Can company C file another H1-B visa transfer? I haven’t received the visa transfer approval filed by Company B yet so can company C file my visa transfer request to USCIS simultaneously?

Ø As multiple companies are filing visa transfer request, does that raise any red flag to my approved H1-B visa status?

Please let me know any consequences of filing new visa transfer. Should I wait for current visa transfer approval filed by company B or I can ask company C to file another visa transfer request without waiting existing transfer request.

Also, As part of H1-B visa transfer, I have to provide two latest pay stubs. For company C to file my H1-B transfer, can I give two pay stubs one from company A and another from company B which is my current employer.