Immigration Issues/H1 Transfer

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Question
Hi Ajay

Hope you are doing good. Let me explain my problem. I came to US on July, 08 and till now (April, 09) I failed to manage a job and as such my current employer didn't pay me anything. So, I don't have any pay stub so far and also don't have the W2 for the last year. Now, this week I got an offer for the full time position and they want to sponsor my H1-B. Can you please give me suggestion what can I do in this case? Is there anything that my current employer can do for the smooth risk free H1-B transferring? Please give me some suggestion as soon as possible. I am waiting for your reply. Thank you.

Answer
Hi,

In order to maintain H1B status, you should be paid by at least the agreed-upon salary as noted in the H1B petition filed by the employer.

In order for the new company (Company B) to file an H1B petition for you and for you to be granted "extension of status" through Co. B's H1B petition, you would be required to show that you are currently maintaining H1B status through Co. A. This is best shown through recent pay stubs (at least two months) and W-2's. However, in our experience if you submit even one month worth of recent pay stubs through Co. A., the USCIS is likely to grant you extension of status through Co. B so that the H1B approval notice (Form I-797) issued by the USCIS has a new I-94 attached to the bottom. This grant of extension of H1B status will allow you to continue to remain in the U.S. and thus preclude the necessity of travel outside the U.S. for H1B visa stamp issued by a U.S. Consulate in your home country in the name of Co. B.

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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