Urgent H1B Transfer


Ricky09

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Hi,

 

I filled transfer to employer-B in 2014 but got denied.

Then in mid 2015, again filed for transfer to employer-C And now got RFE asking to prove my status i.e pay slips with employer A.

 

As per some of the post I am reading online, I am thinking why I am going through all the payslip issues when I can get the approval under the counselor process and then leave and re-enter US with valid H1B stamp and new I-797 (without i-94).

 

But my company-C's lawyer is telling me that this is not possible to enter with valid H1B stamp and new i-797, only some lucky guys get through with that. So, she is insisting on to go with normal process and try to get the normal approval (which I dont think is not possible). According to her if I get the H1B approval as counselor process without i-94 then I have to go for the stamping again even though I have the valid H1B stamp.

 

I also have the option to go with Company-D which is ready to file under counselor process. 

 

So please help me and guide me and tell me if Valid h1b with new i-797 can solve the transfer issue.

 

 

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Unfortunately, the company-A faced big financial lose and they requested me to keep working and told me that they will most likely pay me once they come out of it in few months. But that didn't happened and I recognize that I cant manage to work on a non-paying job, so I left the company without recent payslips and joined another. And they filed my transfer under regular process.

 

I dont have any bad feeling or I think they did anything wrong, it was just the circumstances which lead to that. Now I am thinking that I dont want to get the denial because I dont have recent payslips with employer-A.  Instead why not i just get the approval on counselor process and re-enter in US for the transfer. 

 

Do you think this is possible and have you seeing people successfully done that i.e using valid h1b stamp & new I-797 without i-94  ? 

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You still need to provide the pay stubs. Otherwise, the H1 is very unlikely to be approved.

Changing the petition to consular notification doesn't change the fact that it first would have to get approved. And that's not going to happen without the payslips.

And on H1 you have to get paid all the time, and regularly. That's the law. You should have filed a complaint on WH4.

Trying with yet another company won't get you out of the requirement for the pay stubs. USCIS has all the applications, including RFEs, in their database. This is the 21st Century, in case you didn't know.

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If I shift my application to counselor process how can it be denied for even I-797 which is purely based on the merit of the job ?

 

It can be denied because you were out of status.

The consular officers have the discretionary power to do that.

How long ago was that H1 violation? If it was less than a year, file a complaint with DOL on form WH4. That would solve your problem.

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