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  1. #1
    Join Date
    Sep 2009
    Posts
    3

    Default Already in U.S. - H1b Transfer Without Working on H1b Visa

    Hi,

    I am in US on L1B visa since July 2007 with Company A, Company B applied for my H1B visa Status Change this year and I got my approval on 10th Sept 2009.
    My visa status would change from L1B to H1B on 1st of October 2009.
    For this reason now I cannot work with Company A because L1B visa will not be valid.
    Now Company B is a consultant and does not have any job for me so I will be unemployed on 1st of October 2009.
    But I have Company C who would like to hire me on H1B visa but they do not want to hire be through Company B, Company C is ready to file an H1B transfer.
    My Question is that I have not worked for Company B who has applied for my H1B visa, Can Company C apply for H1B visa transfer without pay stub from Company B? I do have pay stubs from Company A with whom I am working on L1 will that help.
    Please help me I do not want to be unemployed on 1st October 2009.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    73,726

    Default Re: Already in U.S. - H1b Transfer Without Working on H1b Visa

    You can't transfer an H1B if you haven't started working (i.e., don't have status) under the H1B. The new employer will have to apply for a new H1B. Get moving on Monday, use premium processing, and you just might squeak by.

  3. #3
    Join Date
    Sep 2009
    Posts
    3

    Default Re: Already in U.S. - H1b Transfer Without Working on H1b Visa

    Mr. Knowitall,
    Thank you for your reply.
    In my case the new employer does not want to file a new H1B, they do not sponsor H1B visas but they are ready to apply petition to transfer my current H1B to their company.
    As my H1B status starts on 1st October 2009
    Can my new employer submit a petition to transfer my H1B to their company on 1st October 2009?
    Or do I have to compulsarily work for the company who has applied my H1B visa?

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    73,726

    Default Re: Already in U.S. - H1b Transfer Without Working on H1b Visa

    If you start to work for your sponsoring employer, your prospective alternate can initiate a transfer. As a general rule you'll want two or three paystubs.

  5. #5
    Join Date
    Sep 2009
    Posts
    3

    Default Re: Already in U.S. - H1b Transfer Without Working on H1b Visa

    Thanks for Mr. Knowitall again.
    But the problem here is that my H1B will start from 1st October 2009 so I have not started working for the H1B sponsor. My H1B sponsor does not have a job for me.
    Can the prospective alternate file the H1B transfer on Ist October 2009 itself without pay stubs?

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