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  1. #1
    Join Date
    Mar 2008
    Posts
    7

    Default Already on H1b Still Not Revoked (Out of Status) and New Employer to File New H1b

    Hello There,

    I am currently on H1B with employer A. Employer 'A' is a small company which closed its operations recently because of loss of business but the company is still in existence and looking for potential businesses. Because of no work, I am currently on bench (without work and pay). I guess I know that I am out of status but company A has not revoked my H1B yet.

    I just recently found a company B ready to file my H1B. But I do not have any pay stubs for the transfer. Can company B file for a new (fresh) H1B for me? If NO, what other options do I have?

    I will really appreciate any help. Thank you very much.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Already on H1b Still Not Revoked (Out of Status) and New Employer to File New H1b

    Company B can file for a new H1B, but if you're out of status that could be an issue. If you in fact haven't been laid off, but are "benched without pay", you can file a complaint with the Department of Labor. That may be sufficient to get you the transfer despite not having paystubs - but your prospective employer may wish to run the details of the situation past its immigration lawyer (or you may wish to consult your own).

  3. #3
    Join Date
    Mar 2008
    Posts
    7

    Question Re: Already on H1b Still Not Revoked (Out of Status) and New Employer to File New H1b

    Quote Quoting Mr. Knowitall
    View Post
    Company B can file for a new H1B, but if you're out of status that could be an issue. If you in fact haven't been laid off, but are "benched without pay", you can file a complaint with the Department of Labor. That may be sufficient to get you the transfer despite not having paystubs - but your prospective employer may wish to run the details of the situation past its immigration lawyer (or you may wish to consult your own).
    I have some updates regarding this situation.

    I have found a project in a Company B and my current (H1 B) company is ready to do corp to corp with this company B. So it means that I will have paystubs starting August this year. But I don't have any paystubs from January to July and so I won't meet the wage requirements as per the labor filling during my H1B. Would these create a problem for me in the following situations:

    1) While getting the H1B stamped?
    2) Getting a H1B transfer into a better/known/good company?

    Please let me know. Any advice will be highly appreicated.

    Sincerely,

    Shahbj007

    One more question

    I am an Indian National. Can I get my first H1B stamped in Mexico/canada or any country other than India outside US?

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