Can H1B Petition submitted for a newhire within a week of joining date

[theandroiduser]

Hi,

This is for my husband who is in OPT now. He joined a company full-time (a week ago) who would file for his H1B in April 2014. In a week of he joining to his present company, he had an interview with some other company who is very interested in hiring him. He is going to be onsite for HR interview(final round of interview) probably last week of February. Hoping that he gets a job offer there, the earliest he can move to the new company would be last week of March. Is it possible that the new company can file his H1 petition even when it is his first week of work there?

What I wonder is, he wouldn't have any paystub from them within the 1st week, cannot produce a detailed resume explaining day-to-day activities in the company or cannot submit W2 or any of the supporting docs that establishes his ties with his employer strongly (All because it would only be one week since he joins the company). Is there a good possibility of his H1 petition getting approved in spite of the sited reasons?

 

Thanks!

[jairichi]

Hi,

This is for my husband who is in OPT now. He joined a company full-time (a week ago) who would file for his H1B in April 2014. In a week of he joining to his present company, he had an interview with some other company who is very interested in hiring him. He is going to be onsite for HR interview(final round of interview) probably last week of February. Hoping that he gets a job offer there, the earliest he can move to the new company would be last week of March. Is it possible that the new company can file his H1 petition even when it is his first week of work there?

What I wonder is, he wouldn't have any paystub from them within the 1st week, cannot produce a detailed resume explaining day-to-day activities in the company or cannot submit W2 or any of the supporting docs that establishes his ties with his employer strongly (All because it would only be one week since he joins the company). Is there a good possibility of his H1 petition getting approved in spite of the sited reasons?

 

Thanks!

Yes, new H1B employer can file a H1B petition. I do not see any issue.

[pontevecchio]

None of the facts you mentioned are relevant to filing the H1 petition for him. They should be able to file in the First day of April onwards as that is when applications are allowed.

[rahul412]

H1 can be filed without joining the employer.

If he was working for some another employer earlier, then he needs to submit those pay stubs. If you didn't work for your current employer then obviously you won't get pay stubs.

[theandroiduser]

Thanks so much for the replies