Immigration Issues/H1B Transfer

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Question
Hi,

I have joined my company on May 6, 2008 and have been waiting since that time for a project but havent got one. I am getting a offer from another company but I dont have any pay stubs from the current company. How do I proceed on Transfer??

Reg,
Sat

Answer
Hi Rajesh,

In order to maintain H-1B status, you must receive at least the agreed-upon salary from the H-1B employer. Another rule is that in order to extend H-1B status with another employer in the U.S., you must be currently maintaining your H-1B status.

Rajesh, I recommend that the new employer file an H-1B petition for you through premium processing, so that the approval notice is issued within two weeks of filing. You will probably find that although the USCIS has approved the petition, the approval notice does not have an I-94 attached to it, and therefore to activate H-1B status through the new company, you must apply for H-1B visa stamp at a U.S. Consulate abroad. Upon entry to the U.S., you can work for the new employer.

Regards,
Ajay K. Arora, Esq.
www.H1B1.com

Immigration Issues

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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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