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H1B transfer

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newcastle

Junior Member
What is the name of your state? Hawaii

I am on an H1B with company A...I just returned to the US after an 8 month absence where I have not been getting paid due to family reasons. I am planning on transfering my H1 to company B a.s.a.p. Will immigration ask to see pay stubs? If they do, can I tell them that I was away due to family issues and was not getting paid? Would really appreciate some feedback. Thanks.
 


ImmigAttyLana

Senior Member
You can tell them whatever you like but if you were not getting paid then you were not maintaining valid H-1B status and, as such, do not qualify for a transfer H-1B. If your new company's H-1B petition is approved, it is likely to be approved for consular processing only and you will need to depart the US and reenter in order to activate the new H-1B.

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

newcastle

Junior Member
H1B Transfer

Thanks Lana for your reply. What are the chances of immigration asking for pay stubs though when I do petition for transfer of H1B, and can I start working as soon as petition has been filed? Thanks.
 

ImmigAttyLana

Senior Member
The chances are VERY high that you 'll be asked for the paycheck stubs to verify that you are maintaining H-1B status which is the only way you are eligible for a transfer to another employer.

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

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