H1-B Transfer

[sagar9583]

I just want to elaborate on my current situation.

 

1. In Feb - 2013 I have to travel to india due to some personal issues. 

2. No payslip ran for months - Mar,Apr  and May as came out to usa in June.I will get paystub for Month of Jun at end of the July.

3. I am working with the consulting firm and looking for a job with other employers too. I had discussion with few other firms but not sure which one is correct n whom to trust.

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1.Consulting company A saying if I have to be on their payroll first need to get 2 latest pay stub i.e Jun and July and join the company or else I can join now but as without latest pay stub (which was back i.e. Feb explained above) I won't get the I-94 so need to travel out of country to get stamped which looks risky to me.

 

2.Consulting company B saying as I was not here in that period so 1 month payslip is enough,He is asking for Month of JAN and FEB payslip too and said if you are out of country for 3 months then usa immigration law doesn't care and won't be any issues.

 

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3. If I haven't ran the payslip for period of 3 months - out of country does that mean out of status and create issue when doing transfer? 

 

So please help me out which option I should weigh 1,2 or just stay with firm, I dont want to but let me know? any idea.?

 

Appreciate your help in advance.

 

 

[sagar9583]

When I was going through article on Murthy 

http://www.murthy.com/2011/08/19/h1bs-cannot-be-transferred-and-other-h1b-matters/

 

What If I Do Not Have Recent Pay Stubs?

People often want to leave their H1B employers when they are being unlawfully benched or otherwise not paid under the requirements of the H1B labor condition application (LCA). They worry about whether they can transfer the H1B if they are not being paid. Again, there is no concept of a transfer, as such. If there are no recent pay stubs, it may not be possible to establish that the individual has been maintaining valid H1B status. Thus, it may not be possible to obtain an H1B extension of status within the United States. This, however, does not prevent one from obtaining an H1B petition approval through a new employer and regaining valid legal H1B status by traveling abroad and reentering on a new I-94 card. (It is recommended that one discuss this matter with a knowledgeable lawyer, as it is sometimes possible to overcome this problem.) The new I-94 card would be issued at the port of entry (POE). A new H1B visa stamp would need to be acquired for the passport, if the prior H1B visa stamp is expired.

 

Read above text - does it mean no payslip then for H1B transfer with new employee Do I need to travel abroad and get stamped?

Please someone shed light on or have to contact lawyer?

[rahul412]

Why consulting A,B,C,D........

When you are looking for new job, why not a FTE?? This is the safest option.

[sagar9583]

Does FTE make any difference in H1-b transfer? Yup I taken FTE in consideration too. If you are talking about desi FTE then it's a long process to go onboard till that time I would have 2 payslips thats enough for transfer.

[rahul412]

Does FTE make any difference in H1-b transfer? Yup I taken FTE in consideration too. If you are talking about desi FTE then it's a long process to go onboard till that time I would have 2 payslips thats enough for transfer.

I don't know what's desi FTE.  But getting into FTE, is the best option.