Transferring H1 before the job begins

[ajaysharma]

Hi all,

 

Here's the situation:

 

My wife recently got an H1 approved - and the employer is where I thought my work location was going to be by the end of the year. However, things have changed (company wide changes/reorgs) - and now it seems like I might remain where I am or move to an entirely different region (all through my current company).

 

We do not want to live separately (been there, done that, don't want to do it again) which means unfortunately she cannot take up this offer unless, by a stroke of luck, I get to move to the same area her employer is in well (very unlikely)

 

With this background - can my wife apply for an H1 transfer through an employer in the region where I will eventually end up in (will know in a month or two) even though she would not have started her job with the current sponsor? Or should the new employer apply a completely new H1 - and if so is she cap exempt?

 

Thank you for your input,

a

 

[sunshineeast]

H1 Got approved so it is now depends on your Wife's current Status in the US.

 

If She is already into H1 Status,

Then whether her H1 employer running pay stubs from the date of her H1 approval ?

H1 transfer is nothing but apply a new H1 by another employer using the existing cap count. No worries that she is excempt from Cap. But she would atleast need 2-3 recent paystubs from current H1 holder inorder to make transfer smoothly.

 

If she is not still into H1 Status and she is still in H4 or L status,

She is in clean status . Whenever if she find a new Job, she can go directly into H1 with this new employer. Her new employer must apply for new H1 + COS together.   She is excempted from Cap.  (If L, then she might probably need last 3 L payslip)

 

Hope this helps.

[ajaysharma]

Thank you Sunshineeast.

 

She is in US on H4.

 

Unlikely she will begin her job as we might move before she starts on Oct 1st.

 

So from your response I gather that her new employer will have to apply for a H1 + COS in a cap-exempt condition.