H1B Transfer

[shaina1]

I am on H4 in US ,and H1B is filed for this year.

H1 was filed before, I entered US on H4 and it is under RFE Status.

1.Can it be transferred to new employer once I get the approval before or after October 1 only with receipt number approval.

2.Do we need payslip to transfer,I do not have as I was on leave from my current employer.

3.Should I go back to India and stay for 3 months to get 3 payslips.

4.Can I go back to India and still come back on H4(valid till Oct 2014) even if H1B is approved.

5.If I get my Visa Stamped with existing employer,can I then also transfer my visa to new employer

[rahul412]

1.Can it be transferred to new employer once I get the approval before or after October 1 only with receipt number approval.

2.Do we need payslip to transfer,I do not have as I was on leave from my current employer.

3.Should I go back to India and stay for 3 months to get 3 payslips.

4.Can I go back to India and still come back on H4(valid till Oct 2014) even if H1B is approved.

5.If I get my Visa Stamped with existing employer,can I then also transfer my visa to new employer

 

1. Yes, once approved it can be transferred

2.If you work for that employer then yes you need pay-stubs. But if it is before Oct 1st then no need of pay stubs

3.No need, but how do you get pay-stubs from india??

4.Yes you can

5.VISA is not transferable. But it's valid even if you change the employer.

[shaina1]

1. Yes, once approved it can be transferred

2.If you work for that employer then yes you need pay-stubs. But if it is before Oct 1st then no need of pay stubs

3.No need, but how do you get pay-stubs from india??

4.Yes you can

5.VISA is not transferable. But it's valid even if you change the employer.

I am on leave from my current employer...so if i go back and work for 3 months i will get 3 payslips....

 

 

Actually I dont have the reciept number,Employer is not telling as I am on leave.I think I should go back to india,get the reciept number I have 2 options...either come to US on H1 by same employer who has put my H1 or another option put resignation.

Come back to US on H4. Then apply for H1B transfer with COS here using the reciept number.

Can this work out or there will be any immigration issues..Please suggest if there is any other option

[rahul412]

I am on leave from my current employer...so if i go back and work for 3 months i will get 3 payslips....

But that won't help you in any way since you are not working in US

[shaina1]

But that won't help you in any way since you are not working in US

That means for transfer  paystubs are only required when u work in US,in My case as i have never worked in US and this will be my first time so I can transfer my new H1B(from current indian employer) to another employer without paystub

[rahul412]

That means for transfer  paystubs are only required when u work in US,in My case as i have never worked in US and this will be my first time so I can transfer my new H1B(from current indian employer) to another employer without paystub

If you work on H1 then you need pay-stubs for transfer. And you will be on H1 only when you are in US, work which you do outside the US doesn't come under H1 work.

[shaina1]

ok Thanks Rahul...

So what do u suggest

 

As I told u ,I dont have the reciept number,Employer is not telling as I am on leave.

I think I should go back to india,get the reciept number, I have 2 options...

Option 1:Come to US on H1 by same employer who has put my H1(which I am less willing as location is different from my husband)

Option 2: Put resignation.Come back to US on H4. Then apply for H1B transfer with COS here using the reciept number.
 

Can option 2 work out or there will be any immigration issues..Please suggest if there is any other option?? 

[rahul412]

ok Thanks Rahul...

So what do u suggest

 

As I told u ,I dont have the reciept number,Employer is not telling as I am on leave.

I think I should go back to india,get the reciept number, I have 2 options...

Option 1:Come to US on H1 by same employer who has put my H1(which I am less willing as location is different from my husband)

Option 2: Put resignation.Come back to US on H4. Then apply for H1B transfer with COS here using the reciept number.

 

Can option 2 work out or there will be any immigration issues..Please suggest if there is any other option?? 

I can't give a suggestion here, that's up to you to decide which is the best option.