asksameer Posted April 16, 2014 Report Share Posted April 16, 2014 All, I have valid h1b since Nov 2007 from Employer A. I did H1b transfer to Employer B in Nov 2011. Got I797 approval till Nov 2015. My Visa stamping is still pending (stamping after 3 years extension) In June 2012 , due to family issues I left US job and came back to India. I worked in India for Indian employer. Now I wanted to go back to USA. I tried to contact my previous employer but he said the job position is not available presently. So contacted Employer C and he is ready to transfer my H1b, but employer C is asking for most recent paystubs (March 2014). I gave him my old paystubs(till June 2012) but he is saying he needs most recent one only. In my case I left US job in June 2012, so I dont have paystubs for March 2014 as I dont work for my US employer any more. So is it possible to do H1b transfer w/o paystubs ? Regards, Sam Link to comment
jairichi Posted April 17, 2014 Report Share Posted April 17, 2014 All, I have valid h1b since Nov 2007 from Employer A. I did H1b transfer to Employer B in Nov 2011. Got I797 approval till Nov 2015. My Visa stamping is still pending (stamping after 3 years extension) In June 2012 , due to family issues I left US job and came back to India. I worked in India for Indian employer. Now I wanted to go back to USA. I tried to contact my previous employer but he said the job position is not available presently. So contacted Employer C and he is ready to transfer my H1b, but employer C is asking for most recent paystubs (March 2014). I gave him my old paystubs(till June 2012) but he is saying he needs most recent one only. In my case I left US job in June 2012, so I dont have paystubs for March 2014 as I dont work for my US employer any more. So is it possible to do H1b transfer w/o paystubs ? Regards, Sam Looks like employer C is confused and thinks that you are in US. Since you are in India there is no need for recent pay stubs to file a cap exempt H1B petition. Link to comment
hightech Posted April 17, 2014 Report Share Posted April 17, 2014 your employer "C" doe not know the process and explain him that you had worked until June 2012. Please provide your contact no or email Link to comment
JoeF Posted April 17, 2014 Report Share Posted April 17, 2014 Please provide your contact no or email Why? Please post things here, for the benefit of everybody. Link to comment
asksameer Posted April 17, 2014 Author Report Share Posted April 17, 2014 your employer "C" doe not know the process and explain him that you had worked until June 2012. Please provide your contact no or email my email is ***********@gmail.com Link to comment
Mr.Rao Posted April 17, 2014 Report Share Posted April 17, 2014 Looks like employer C is confused and thinks that you are in US. Since you are in India there is no need for recent pay stubs to file a cap exempt H1B petition. jairichi, I have a question that may look simple but wanted to know the answer. Can a person apply for H1 transfer while working in India assuming he had a valid visa/ i797 at that point of time. For example, I have visa stamping valid till Sep 2016. If for some reason I move to India now, is that possible for me to find an employer in the US from there and do the transfer and fly with the visa stamping valid till Sep 2016? Link to comment
hightech Posted April 17, 2014 Report Share Posted April 17, 2014 Can't see email name before @gmail.com Link to comment
JoeF Posted April 18, 2014 Report Share Posted April 18, 2014 Can't see email name before @gmail.com As I said, please post things here, for the benefit of everybody. Link to comment
jairichi Posted April 18, 2014 Report Share Posted April 18, 2014 jairichi, I have a question that may look simple but wanted to know the answer. Can a person apply for H1 transfer while working in India assuming he had a valid visa/ i797 at that point of time. For example, I have visa stamping valid till Sep 2016. If for some reason I move to India now, is that possible for me to find an employer in the US from there and do the transfer and fly with the visa stamping valid till Sep 2016? Yes, absolutely. Employer has to file a cap exempt H1B petition. With a valid H1B visa and I797 you can enter US and join employer. Link to comment
Mr.Rao Posted April 18, 2014 Report Share Posted April 18, 2014 Yes, absolutely. Employer has to file a cap exempt H1B petition. With a valid H1B visa and I797 you can enter US and join employer. Thank you Jairichi. a. When you say cap exempt, does that count as normal H1 transfer? b. Can any employer apply for cap exempt or are there any criteria? Link to comment
jairichi Posted April 19, 2014 Report Share Posted April 19, 2014 Thank you Jairichi. a. When you say cap exempt, does that count as normal H1 transfer? b. Can any employer apply for cap exempt or are there any criteria? a. Yes. 2. If you are counted against cap once and have not utilized the max stay of 6 years then you are cap exempt. Link to comment
asksameer Posted August 11, 2014 Author Report Share Posted August 11, 2014 Thanks all for the information. Link to comment
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