H1Tansfer

[JohnJustus]

What is the name of your state? Texas

Hello,

I came to US on the end of January 2007 on H1B. My employer could not place me and he is not paying also and hence there are no paystubs.
In the mean time another employer needs me and he wants my H1 transferred to him. With out pay stubs is there any way to transfer my H1 to him?

I have asked my current employer to give me 2 paystubs to overcome this difficult situation.

Thanks

 

[ImmigAttyLana]

It will not be possible to do a transfer since you are not maintaining valid H-1B status and you can only transfer status to another employer if you are IN status. However, a new employer can file a petition on your behalf and if it is otherwise approvable, it will be approved for consular processing, most likely.

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

 

[JohnJustus]

Hello Lana,

Thanks much for the response. Consular processing means new H1B and should go for stamping again outside the United states right? How long that process takes?

I have asked my employer to give me pay-stubs since he could not place me. I am hoping for the best. If he refuse to give me pay-stubs I am thinking of filing a case againt him because he is not paying as per the law.

Thanks..

 

[ImmigAttyLana]

If you already have a valid H-1B visa, then you would not have to get a new one but you would have to depart the US and reenter with the valid visa and the new employer's approval notice.

You can certainly file a case against your employer but this is a separate issue. Even if you sue the employer, if you are still interested in working for another employer, this is the question I am answering and this is separate and independent of any action you may institute against the current employer.

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

 

[JohnJustus]

Hello Lana,

Thanks for the response.
I have a Valid H1B so in that case I don't have to go for re-stamping again in the consulate .Is that right? What I understand is just go out of US (say Mexico or canada) and while coming back to US show the old H1B visa and new approval notice at the port of entry? Am I correct?

Thanks..

 

[ImmigAttyLana]

Yes, that would be correct. You will have to be careful about going to Mexico or Canada since you can only go there if you have a valid visa to enter those countries.

 

[JohnJustus]

Hello Lana,

I sincerely appreciate your response.

So if my new employer applies with out a pay-stub then most likely INS will approve for a consular processing for 100 % sure ? Is there a chance to deny? How long the process takes in the case of premium processing?

Thanks..

 

[ImmigAttyLana]

Nothing can be guaranteed 100%. I have no way of knowing whether the new employer's petition on your behalf would be approvable on its own merits even if we do not consider whether it is a transfer or consular processing.

Premium processing guarantees a decision within 15 calendar days but keep in mind that a decision could be a request for further evidence and not necessarily an approval.

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