H1 transfer just after approval

[rakesh2306]

Hi,

 

I am currently in US on L1 through A and I am waiting for my H1 petition approval through company B. I do not want to join B and want to do a transfer to company C within a week or so.

 

I have below questions (assume I get my petition approved on say 28th Oct),

 

1. What documents do I need from B for transfer? I have copy of the application I797C and the receipt number.

2.Do I need any proof for salary (paystubs) from B even if I am planning to start the transfer process within a week or so?

3. Can the transfer be made without the petition approval copy? I am expecting B will not give it to me.

 

I tried searching for a similar topic but could not find and started a new post. Your any responses on this will be highly appreciated.

 

Thanks

[pontevecchio]

Is your H1 petition from B approved?

[rakesh2306]

Is your H1 petition from B approved?

Hi, Thank you for responding.

 

The H1 petition is not approved yet and I understand that the transfer can only be initiated once it is approved.

[rakesh2306]

Experts please respond.

[madhu418]

once your H1B is approved you can no loger work for A on L1. so you need to join B once H1B is approved or you can go out of country and enter again with you L1 papers to make your work with A to be deemed as eligible employement.

 

If you are interested in joining C, then you have to start working for B and then ask C to file for your H1B petition and C should be able to file a cap-exempt petition for you. B should give you I797 forms to you either a scanned copy or original copy. because it will have your I94 card and you will need it. (tell your employer that you plan on renewing your license or applying for a new loan which will require proof of legal status.)

 

You can apply for a transfer without having any pay stubs as long as your attoney furnishes a clean cover letter explaining why you dont have pay checks with current employer.

 

there might be another possible way to do the transfer in a much better and smooth manner. Please ask employer C attorney on he wants to proceed. he should be your best bet for proper advice.