Immigration Issues/H1B transfer query

Advertisement


Question
QUESTION: My H1 got effective on October 1 2011. Even before it got effective, I got an offer from a bigger firm "company B" on september 15 2011. I declined Company A's offer and accepted Company B's offer. I never worked for Company A. There has been a gap of around a month from October 1 2011 because of the delay in premium H1 transfer process.

My lawyer says that my H1 transfer will get approved but the extension of stay will get denied since I do not have Company A's paystub with the effect that I need to go back to India for H1-B stamping to activate the company B's H1-B. I do not have any paystubs since I haven't started working yet.  How do I respond if the Consulate asks me why I haven't worked with Company A.

ANSWER: Hi,

That is correct, the petition should be approved through Co. B., but the USCIS is unlikely to grant extension of status as well since you have not presented recent pay stubs from Co. A at time of filing of H1B petition through Co. B.

You should tell the truth to the Consulate: that you decided to work for Co. B and that is why you do not have pay stubs from Co. A. The Consulate should issue the visa stamp in the name of Co. B since any technical violation would have been for less than 180 days in duration.

---------- FOLLOW-UP ----------

QUESTION: I checked online and the H1 transfer shows approved stating below:
"Decision
On X date, this I129 PETITION FOR A NONIMMIGRANT WORKER was approved and we sent you an e-mail notice. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at ."

Query: It says approved but doesn't mention anything about the extension of stay. How do I track if the extension of stay is approved/denied.

Answer
The online system will not indicate whether extension of status has been granted or not, unfortunately. There is no choice but to wait for the written approval notice from the USCIS, which the employer and the attorney who prepared the H1B petition will receive.

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


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.

©2016 About.com. All rights reserved.