Transfer H1B from US based company to Indian company.

[Debarati]

My Situation is described below

I am working as a full time employee for an USA company who has sponsored my H1B .
My H1B status is from Dec 2011 to Sept 2014.
I am leaving the job and going to India in month of Dec 2013.
I am planing to join a job in India by April 2014.
I will have the paystub till the month of December 2013.

My question is ; If i don't work for 3-4 months can I still be eligible for cap extemp H1B transfer , will my new company be able to file for H1B transfer without having the recent paystub (i mean I won't be working for 3 months)

 

Any suggestion is really helpful.

 

 

Thanks

Debarati

[jairichi]

My Situation is described below

I am working as a full time employee for an USA company who has sponsored my H1B .

My H1B status is from Dec 2011 to Sept 2014.

I am leaving the job and going to India in month of Dec 2013.

I am planing to join a job in India by April 2014.

I will have the paystub till the month of December 2013.

My question is ; If i don't work for 3-4 months can I still be eligible for cap extemp H1B transfer , will my new company be able to file for H1B transfer without having the recent paystub (i mean I won't be working for 3 months)

 

Any suggestion is really helpful.

 

 

Thanks

Debarati

Yes, new company can file a cap exempt H1B petition.

[JoeF]

Huh?

An H1 is only for work in the US, being employed by a company in the US.

[rahul412]

My question is ; If i don't work for 3-4 months can I still be eligible for cap extemp H1B transfer , will my new company be able to file for H1B transfer without having the recent paystub (i mean I won't be working for 3 months)

 

You will be on H1 only when you are in US. And you will be cap exempt once your initial H1 is approved.