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H1b Transfer Without Paystub

Discussion in 'Working Nonimmigrant Visas' started by frogsea, Oct 9, 2014.

  1. frogsea

    frogsea New Member

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    Hi, all. I've questions that if I can do H1b transfer from employer A to employer B without A's paystub. I just got my H1b approved which is sponsored by employer A. Because employer A hasn't find a project for me yet so they are not willing to pay. So I've found employer B who can transfer my H1b. But the problem is I've no paystub from A. So can I transfer my H1b from A to B in this situation? If yes, what materials I need to provide to B when they sponsor the H1b transfer?
    Thanks!
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If your H approval had a start date of October 1st, and you file right now, you shouldn't have a problem. The law provides that you must report to the new employer within 30 days. You are well within that limit.
     
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  3. frogsea

    frogsea New Member

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    Thank you very much Ron! Did you mean that I can file a transfer request of my H1b to another employer within 30 days from Oct 1st(the H1b start date) without providing paystub for the transferring? What is "report to the new employer" means?
    Thanks again!
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Yes, your understanding is correct.
     
  5. krisincrisis

    krisincrisis New Member

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    Hell all, I have a similar question. Please help me.
    Though my first H1B visa is valid from NOV 2014, I have come to USA this month (just couple of days back.) Can I transfer my visa without paystubs within 30days from my landing in USA? I got good FULL time opportunities and have to transfer my visa from H1B sponsor to these new employers.

    Is it legal to transfer H1B without paystubs now?
    Will it have any adverse impact on GC processing in future?
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If you just arrived, you should be able to transfer. You should act quickly, however.
     
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  7. krisincrisis

    krisincrisis New Member

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    Thank you Ron for the reply.
    Within what time frame i should finish H1B transfer?
     
  8. Ron Gotcher

    Ron Gotcher Attorney at Law

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    The sooner the better.
     
  9. krisincrisis

    krisincrisis New Member

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    Thank you Ron for prompt reply.
     
  10. sjahi

    sjahi New Member

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    Dear Ron,

    I do have similar question but need your advise to proceed a head.
    I came to USA on July 7th , 2015 and my employer doesn't have any projects to run my Pay stubs. Now I have couple of Full time offers handy with other employers.
    Today's date is July 30, 2015." Its not yet completed 30 days". Can I move a head for my H1b transfer ?

    Please advise.

    Regards
    Jahi S
     
  11. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Yes, but get something on file promptly. You are allowed 30 days before you have to go on the payroll.
     
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  12. sjahi

    sjahi New Member

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    Thank you very much Ron for your valuable advise.
     
  13. sjahi

    sjahi New Member

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    Dear Ron,

    Need your advise. As said above , I have couple of offers on Full time and they already started my H1b case filing.
    Can I proceed a head my visa transfer in parallel with both employers?

    Regards
    sjahi
     
  14. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You can, but you should think about it before doing so. One of them (the one you don't wind up working for) will spend a lot of money on a useless H1B petition for you. Also, whichever is approved last will be the one that you are authorized to work for.
     
  15. sjahi

    sjahi New Member

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    Thank you Ron.
     
  16. sjahi

    sjahi New Member

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    Hi Ron,

    Hope you are doing good.
    As said above, One of the employer filed my H-1B transfer on Aug 6 in premium mode and received the receipt on Aug 7.
    My date of arrival to US is July 7th, 2015.

    Could you please advise? Is the case filed at USCIS is a valid and what are the chances on the Approvals?
    As they received the receipt they are asking to join asap but I want to wait till the case get adjournment.

    Need you valuable suggestion.

    Regrads
    sjahi
     
  17. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Not having seen the petition, I have no idea.
     
  18. sarath123

    sarath123 New Member

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    Hi Ron,

    I have a similar issue, recently my H1 is picked through an employer A and I got RFE (I still have to respond). I have a situation to find a job under another employer at other particular location. So my question is when is the right time to move out? Is it safe to move before my H1 is approved or if I have to wait till approval, how long should I be with my employer before transferring to a new employer? Awaiting your response. Thank You.

    Regards
    Sarath
     
  19. New Guy

    New Guy Senior Member

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    There is no H1B transfer, it's all new petitions, you can have any number of petitions and they are independent, as long as it's not a bridge petition.

    PS: I am not an attorney
     

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