Immigration Issues/H1 transfer

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Question
Hii Ajay,

I have a question for you, i have come to US on a H1b of a company A 2months ago and have not been provided job or accomodation or marketing and no paystubs im paying from my pocket ,As i have no job and no paystub if i apply for a H1B transfer to a company B. what are the chances of getting transfered, do i have to get new visa on my passport,what if my old employer cancels my H1 before transfering,and wt are the chances of rejecting.

thanks in advance

Answer
Hi Lakshmi,

When Co. B files an H1B petition for you requesting extension of your H1B status, the USCIS would normally like to see recent pay stubs from Co. A as evidence that you are currently maintaining your H1B status. Failure to provide this evidence would not affect Co. B's H1B petition approval, but there may not be an I-94 attached to the bottom of the H1B approval notice. If an I-94 is not attached, then you would need to depart the U.S. and obtain new H1B visa stamp in the name of Co. B from a U.S. Consulate abroad (normally in your home country).

Moreover, since you are not considered to be maintaining H1B status through Co. A if you cannot produce recent pay stubs, then you cannot begin work for Co. B under H1B portability rules as soon as Co. B files an H1B petition for you. You would need to wait for approval notice with I-94 attached. If there is no I-94 attached, then as stated earlier you can activate H1B status through Co. B only by issuance of H1B visa stamp in the name of Co. B at a U.S. Consulate abroad.

Also beware that if you violate H1B visa status for 180 days or more, you could be barred from entering the U.S. for 3 years or more. Therefore, you may wish to consider departing the U.S. if Co. A cannot employ you soon. Even if you depart the U.S., Co. B can file an H1B petition for you and you can enter the U.S. on H1B visa stamp issued by a U.S. Consulate abroad in the name of Co. B. You would not be subject to the visa cap.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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