Hi ,I got an H1b Visa from my consultant which is valid till 2017 and currently in India. Unfortunately Employer is unable to find the project for me even though there was a project shown during h1b Filing. He is arranging Project Interview calls in India and once the project confirmed, then only he is allowing me for travel… Truly speaking i didn’t get any calls to India and not sure whether it happens in near future.While checking with other Employer, they are OK to do H1b transfer for me. But They are asking me to travel to US with Old consultant I797 after which they will proceed to transfer. Below are my concerns.1. Is it legal to Travel on old Company I-797 to US…please note I will not be joining the old Consultant2. Will the new consultant can Transfer my H1b without any legal issues.3. Do i need any pay stubs during Transfer if i travel to US? I can’t provide because i never work for them.4. Any Legal issues in Port-of-Entry?5.I am travelling to US for first time…Appreciate if anyone can give me clear picture on this.
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Not legal. You can only use that 797 for travel if you plan to work for that employer and they want to hire you in US.
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The new employer will be filing a cap-exempt petition. It will be subjected to regular H-1 rules and regulations and will be approved based on its merit.
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Payslips are required only if you have worked for an employer for at least 1 pay period (15-30 days) inside US.
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Thanks Saurabh for information.