H1B Transfer


ashar7

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Posted

Hi

 

Scenario

 

  • I was with Company A till 30 th Sep 2013 on L1 Visa
  • Company B processed my H1B in April 2013 and it got approved. I started working for company B from Oct 1 2013. I have not received first pay yet from Company B, but scheduled to receive it shortly.
  • I have good offer from Company C.

 

Questions

 

  • Can Company C initiate my H1B transfer NOW even though i have not received my first pay from company B ?
  • Can i start working for Company C once the receipt number is received or i would have to wait for approval

 

Posted

 

Hi

 

Scenario

 

  • I was with Company A till 30 th Sep 2013 on L1 Visa
  • Company B processed my H1B in April 2013 and it got approved. I started working for company B from Oct 1 2013. I have not received first pay yet from Company B, but scheduled to receive it shortly.
  • I have good offer from Company C.

 

Questions

 

  • Can Company C initiate my H1B transfer NOW even though i have not received my first pay from company B ?
  • Can i start working for Company C once the receipt number is received or i would have to wait for approval

 

1. Yes. But, you need to attach latest pay stubs from company B.

2. You are allowed to start based on receipt notice though it is strongly suggested not to. What would be your status if company C's petition is denied and company B has revoked your H1B petition after your resignation? Your choice.

Posted

Thanks for responding back.I have not yet received paystubs from company B. Can company C initiate the transfer (apply H1, quota exempt) ?

Yes, they can. But, you need to provide latest pay stubs from company B to show that you are maintaining legal status in US. If you do not provide them when company C files a H1B petition for you it will end up with a RFE. 

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