H1b without paystub

[spur230]

What is the name of your state (only U.S. law)? CA

I have approved H1b petition starting october 1,2008 from comapnay A. However, I have already left compnay A . Since, I am not employee of compnay A anymore I will not have any paystub.

Could you please let me know possible ways and risk involved if I want to transfer my H1B from company A to any other company.

Is it true that a new employer file new petition on my behalf which is not subject to quota if I already have a approved H1b petition? Also , does it need consular processing?

Any help is highly appriciated.

 

[ImmigAttyLana]

Yes, another company can file on your behalf as a new petition not subject to the quota. It would not matter if you had a paycheck stub from employer A since it still would not be a transfer as it can only be a transfer if you are already in H-1B status and you cannot be in that status until October 1,2008 anyway. It would only be approved for consular processing if you are not otherwise eligible for a change of status.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[spur230]

Thanks a lot Lana for your response. Would you also please clarify what are the general criteria to be eligible for a change of status?

If I apply for a new petition what will happen to my old approved H-1b petition? Can I go back to my old petition if my new petition does not go well?

Again, I highly appriciate the assistance that you have provided.

 

[ImmigAttyLana]

YOu have to be in valid H-1B status with the employer that has your H-1B visa petition approval in order to be able to transfer status to another employer who files a H-1B visa petition on your behalf. To be in valid status, you m ust be employed by that original employer. If you are not, your transfer petition will most likely not be approved but if the H-1B is approvable on the merits, then it would be approved for consular processing. You can always return to the original employer if there is a job offer still open to you and the petition approval has not been revoked.

 

[spur230]

I want my employer to file a new H1b petition. My previous employer who has my approved H1B statring Oct 1 , 2008 do not even want to give me copy of H1B approval notice. I have just the receipt number.

Can I still file for a new H1b petition from my new employer without copy of H1b approval notice?

If this is must , is there any way I can get it through USCIS?

Again thanking you for your help in this crisis situation!

 

[ImmigAttyLana]

You would not be able to obtain a copy of the approval notice from the USCIS since it's an employer's petition. THe new employer should be able to submit the new petition on your behalf with the receipt number. Their attorney or whomever is submitting the petition can attach an explanation about the absence of the approval notice from the original employer.