pranavven Posted September 7, 2013 Report Share Posted September 7, 2013 I am on H4 visa living in USA. Currently I have a approved H1 petition with Company A and I can start working from OCT-1-2013(fiscal 2014). I got a job offer from Company B and they would like to do a H1 Transfer. Note: I have the approved H1 docs(I797) original copies with me for Company A. 1) Am I allowed to apply for H1 transfer to Company B before OCT-1-2013 ? 2) Please provide a brief description of how this H1 transfer is legally possible ? 3) I understand that my H1 transfer is a really legally possible, The immigration / HR team of the organization claims that irrespective of the case, they need 2 pay stubs to initiate H1 transfer. How should i clarify their wrong understanding (may be some references of USCIS rules would help)? Thanks in advance. Link to comment
jairichi Posted September 8, 2013 Report Share Posted September 8, 2013 I am on H4 visa living in USA. Currently I have a approved H1 petition with Company A and I can start working from OCT-1-2013(fiscal 2014). I got a job offer from Company B and they would like to do a H1 Transfer. Note: I have the approved H1 docs(I797) original copies with me for Company A. 1) Am I allowed to apply for H1 transfer to Company B before OCT-1-2013 ? 2) Please provide a brief description of how this H1 transfer is legally possible ? 3) I understand that my H1 transfer is a really legally possible, The immigration / HR team of the organization claims that irrespective of the case, they need 2 pay stubs to initiate H1 transfer. How should i clarify their wrong understanding (may be some references of USCIS rules would help)? Thanks in advance. (1) Yes, you can (2) A new employer has to file a cap exempt H1B petition for you and upon approval you can start working for new employer. (3) You do not need any pay stubs as you are still in H4. Link to comment
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