Immigration Issues/H1 Transfer

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Question
Hi Mark,

Thanks a lot in advance for looking into my request.

Our Case is:

- My wife entered US on L2 visa, which is valid till 2009.
- She got her EAD & she started working with Company A since Feb'07. She has her pay stubs since Feb-07 till Oct-01-2007.
- She got a H1B approved through a Company B, and this is effective Oct-1-07.
- She is on the verge of getting a good job from Company C and they would like to have her working on H1B visa only.
- Expected start date @ Company C is Nov-1-07.

Since she never worked for company B, we don't have any pay slips from Company B. We would like to get her H1B transferred to Company C and we would like to know if this is possible and if it is, how?

Can we submit the payslips from Company A while Company C applies for transfer and say that she is yet to recieve any payslip from Company B?
Company B is not in a situation to provide any project in next one month atleast. The opportunity she got now from Company C is very good and she would really like to pursue that. Please advice.

Thanks again for your time!
Kamesh

Answer
Kamesh,
She should be able to an H1 with company C.  In most of the cases that we have done this has not been a problem regarding requests for pay stubs but there is a possibility for the INS to request the pay stubs from company B.  If she is not working for company B at this time, I would advise that she leave the country and come back on an L2 so she does not go out of status.  
Good luck.
Mark Ashley
www.ashleykrishnan.com

Immigration Issues

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Mark Ashley

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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,www.ashleykrishnan.com.

Experience

18 years as a practicing attorney.

Organizations
Member of AILA

Education/Credentials
JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

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