Never been to USA --- H1 -B transfer from Employer - A to Employer - B.

[klupsa]

Hello Form Gurus and Attorney's,

I have a few questions regarding my brother's H-1B Transfer can you please provide me with some solutions.

My Brother, who is in India never came to USA, H1-B petition got approved in 2011. He went to stamping in Nov-2011 and had a query reqesting information for additional documentation and unfortunatley as the time was a critical factor, his employer offered my brother's position to a different candidate. And until now he didnt submitted the document's to the embassy and his case is still pending.

Now luckily he found a new job here in USA and the new employer is ready to sponser H1-B. But the employer only wants to make a H1-B transfer rather than filling a new H-1 B petition for him.

1) Can the new employer use the Old approved H-1 B petition to make a transfer ?

2) H1- B transfer reqires pay stubs, though he had a approved H1-B petition, he never worked in USA, so he dont have any paystubs. Will this be a problem when filled for H-1B transfer?

3) When his H-1 B transfer gets approved and will there be any problem when he attends the visa interview as his case with the first employer is still pending?

Please help me with my concerns.

Thanks for your time.

[wiweq]

1) Can the new employer use the Old approved H-1 B petition to make a transfer ?

=> Yes.

2) H1- B transfer requires pay stubs, though he had a approved H1-B petition, he never worked in USA, so he don’t have any paystubs. Will this be a problem when filled for H-1B transfer?

=> If you are outside of USA, paystubs are not needed. Paystubs are needed to prove your caurrent H1b valid stay. Not in USA means no status.

3) When his H-1 B transfer gets approved and will there be any problem when he attends the visa interview as his case with the first employer is still pending?

=> Most probably, they would be concerned about current job. But based on DS forms, they can ask questions about previous visa applications.

[klupsa]

Thanks a lot for your time and reply sir.

But what if the first employer or the USCIS has already cancelled the H1 B petition (as he not submitted the documents until now). Can the new employer still use the old H1-B approved petition copy to make a H-1 B transfer ?