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Immigration Issues/h1b transfer and status



My friend has transfered her H1b to another company with current pay-stubs till date and left the old company but the new company has informed her that she can only join once H1b transfer is approved. Is it legal for her to be without pay-stubs till her H1b transfer is approved? She will not get paid by her old company and neither the company as well as the transfer petition has been filed using regular processing which may take some 2-3 months even. Please give us your suggestions on this issue to maintain her status.

Your friend does not have to wait until the H1B is approved.  She could begin working once the USCIS has received her application.  Since her employer does not know this or is unwilling to let her work until the H1b is approved, she could still keep working for her current H1 employer until she receives the approval for the second H1B employer. If that is not possible, she may want to ask the new H1b employer to use premium processing which is $1,000.00 but will expedite processing within 15 days.  This can be done even if the H1b has already been filed.  

There may be other options, but I do not know enough about her facts to give you more info.

Good Luck
Mark Ashley

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Mark Ashley


Business Immigration. My practice focuses on representing researchers, scholars, and other advanced degree professionals with filing NIW, EB-1,O-1, H-1, L-1 petitions. I am a founding partner in the immigration law firm Ashley & Krishnan,


18 years as a practicing attorney.

Member of AILA

JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

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