Pls Lana - I need urgent Help regarding H1 Transfer - - I am in big trouble

What is the name of your state?What is the name of your state? MO

Dear Lana,

I need urgent help from you . Please help me..

I was working in company A till 2004 Dec31st. I got offer in Company B in 2004 Dec 28th. My Company B filled for H1B transfer and i got my LIN number and i have joined in company B on 2005 Jan03. Now my Company A is not giving my Salary slip & salary for the month of Dec 2004. W2 form also Company A is not giving. But company B is applied for Transfer. But when my H1 transfer process, will INS ask me salary slip for the month of Dec2004(last month of Company A)? If yes, i dont have salary slip. what should i do?
My present employer is saying that, suppose INS put a query, we can show Nov month salary slip and INS will approve my paper like that...
In case INS approves my paper, will they give I94? if not, what should i do?

Expecting your reply.

Thanks & Regards.
Vijay.

NOvember paycheck stubs may be sufficient although the USCIS may request proof that you were in H-1B status at the time company B filed the H-1B petition for you, in which case you would have to show proof of that through paycheck stubs for December or other proof that you were being paid by company A in December. If the USCIS is not satisfied that you were in H-1B status at the time Company B filed for you, they may approve the H-1B petition but not as a transfer but as a consular processing petition, which will mean that you have to depart the US to get a H-1B visa in your home country and only return to the US after you do that.

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

Thanks and need more Clarrification

Thanks Lana. However, is there any possibility for rejection of my H1B consular processiog (transfer), if i am not able to show the salary proof for the month of dec'2004? Company B filed my H1B transfer by Dec’28th of 2004 and I got my LIN number by Jan3rd of 2005. When will I get my H1B approved papers? How long it takes to get approve? Because I have to go India by May 6th of 2005 for my marriage. If I am not getting my papers before May 6th, is there any problem in going India & coming back US during H1B transfer process? If I get my H1B papers before May, do I need to get my Visa stamping when I am coming back from India by May in case my previous employer canceled my previous H1B? If they didn’t cancelled my H1B do I need to get visa when I am coming back from India?

Please advice me.

Vijay.

Thanks Lana - More Info needed

Thanks Lana. However, is there any possibility for rejection of my H1B consular processiog (transfer), if i am not able to show the salary proof for the month of dec'2004? Company B filed my H1B transfer by Dec’28th of 2004 and I got my LIN number by Jan3rd of 2005. When will I get my H1B approved papers? How long it takes to get approve? Because I have to go India by May 6th of 2005 for my marriage. If I am not getting my papers before May 6th, is there any problem in going India & coming back US during H1B transfer process? If I get my H1B papers before May, do I need to get my Visa stamping when I am coming back from India by May in case my previous employer canceled my previous H1B? If they didn’t cancelled my H1B do I need to get visa when I am coming back from India?

Please advice me.

Vijay.

Thanks Lana - More info needed

Thanks Lana. However, is there any possibility for rejection of my H1B consular processiog (transfer), if i am not able to show the salary proof for the month of dec'2004? Company B filed my H1B transfer by Dec’28th of 2004 and I got my LIN number by Jan3rd of 2005. When will I get my H1B approved papers? How long it takes to get approve? Because I have to go India by May 6th of 2005 for my marriage. If I am not getting my papers before May 6th, is there any problem in going India & coming back US during H1B transfer process? If I get my H1B papers before May, do I need to get my Visa stamping when I am coming back from India by May in case my previous employer canceled my previous H1B? If they didn’t cancelled my H1B do I need to get visa when I am coming back from India?

Please advice me.

Vijay.

How long it will take for the H-1B processing will depend on whether it was filed with premium processing or not and different service centers have different processing times for the regular processing as well. As for the likelihood of approval without the recent paycheck stubs, I cannot answer this for certain because often the USCIS will request proof of your status with the initial company through the date of application by the second company. If you are unable to provide it, they might still approve the H-1B petition if it is otherwise approvable, but it will be for consular processing.

If you do not receive the approval before you are scheduled to go to India, you can still go and provided you have a valid H-1B visa in your passport from the first employer, you will be able to return to the US on that visa, but if you are going to get married and your wife will need to apply for a H-4 visa, you will most likely need to have an approval notice from company B in order for the US COnsulate in India to issue the H-4 visa to your wife. You can always convert your case to premium processing if it does not look like you will have the decision before your scheduled trip to India.

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

Thanks Lana

Hi Lana,

Thanks for your reply. My H1 transfer processing happening in normal process only, not in premium processing. I heard that Consular processing is consider as a new H1B processing and not H1 transfer. If new H1B means, quota starts at October only. So will get H1B papers after October only? You said that i can go India during my H1 transfer/consular processing and come back by showing my previous Valid H1B visa. In case if I am not getting my papers before May and if my previous employer canceled my visa, is there any problem in going to India for my marriage and coming back to US during my H1 transfer/consular processing?

Please advice me.
Thanks.
Vijay.

Consular processing does not count as a transfer but it is not necessarily subject to the cap if you have already been counted against the cap within the past 6 years.


Please let me know if I can be of further assistance to you in this matter.

Thanks..

Hi Lana,

Thanks.You said that i can go India during my H1 transfer/consular processing and come back by showing my previous Valid H1B visa. In case if I am not getting my papers before May and if my previous employer canceled my visa, is there any problem in going to India for my marriage and coming back to US during my H1 transfer/consular processing?
Is there way that i can know my previous employeer cancelled my previous H1 visa or not? is there any site through i can know this??

please advice me..

Vijay.

Thanks Lana

Hi Lana,

Thanks.You said that i can go India during my H1 transfer/consular processing and come back by showing my previous Valid H1B visa. In case if I am not getting my papers before May and if my previous employer canceled my visa, is there any problem in going to India for my marriage and coming back to US during my H1 transfer/consular processing?
Is there way that i can know my previous employeer cancelled my previous H1 visa or not? is there any site through i can know this??

please advice me..

Vijay.

Thanks Lana

Hi Lana,

Thanks.You said that i can go India during my H1 transfer/consular processing and come back by showing my previous Valid H1B visa. In case if I am not getting my papers before May and if my previous employer canceled my visa, is there any problem in going to India for my marriage and coming back to US during my H1 transfer/consular processing?
Is there way that i can know my previous employeer cancelled my previous H1 visa or not? is there any site through i can know this??

please advice me..

Vijay.

Your employer cannot cancel the visa you have in your passport; he can cancel the approved h-1b petition. However, I would say that you probably need to have the current employer's petition approved in order for your future wife to be eligible to apply for a H-4 visa.

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

more info needed

Lana,

Thanks.You said my previous employer can cancel my previous
approved h-1b petition.If my previous employer cancelled my previous approved h-1b petition and in case my new H1b petition is not coming before i am goin to india for my marriage, there is there any problem when coming back to USA after my marriage? i am asking about my case only not for my wife. is there any way that i can know my status of my previous h1 approved petition? i want to know they cancelled or nor.
anyway for my wife, i need new approved h1b peper.

thanks.
vijay

More Info needed

Lana,

Thanks.You said my previous employer can cancel my previous
approved h-1b petition.If my previous employer cancelled my previous approved h-1b petition and in case my new H1b petition is not coming before i am goin to india for my marriage, there is there any problem when coming back to USA after my marriage? i am asking about my case only not for my wife. is there any way that i can know my status of my previous h1 approved petition? i want to know they cancelled or nor.
anyway for my wife, i need new approved h1b peper.

thanks.
vijay

You should not leave until your new petition is approved if you plan to have your future wife apply for a H-4 visa as she will not be eligible for one if your new H-1B is not approved.

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