I left USA after working on L1B on 2june 2016 for company A,I got my name in H1B and got my H1B stamped from company B in Nov-16,I’m currently in india,I haven’t travel for company B because project and pay were not good and stayed in india,I got good offer from company C who started my H1B transfer
PROBLEM:
Company C attorney is saying that due to premium process suspension now it can take 11-12 months to get transfer complete,as I’m outside USA I have to go through consular processing,company C HR is saying they can’t wait so long and talking about revoking the offer,
QUERY
1-Can I travel on company B H1B stamp and wait on company B bench till company C file transfer if they agree as I will be in US and join company C on receipt notice,I have heard they might not give pay stubs if they don’t have project.
Pls help what best can be done to convince them so they don’t revoke my job offer
Do not enter US on B’s petition unless B agrees to your travel plan. If they agree for travel, then you can enter using B’s petition and visa stamp and soon after C can apply for cap-exempt petition. If C’s petition is filed within 1-2 weeks of entering US, B’s payslips may not be required. Anything longer than that you may be asked for B’s payslips.
Thanks Saurabh ! What is the risk on traveling with B visa without informing them,can I go for company B internal project or client letter is mandatory.
Its illegal. You can only enter US on H-1B if the employer wants you to travel on it. After all they are responsible to pay you salary after you enter US.
Thanks Again,if I’m in US & company C does transfer immediately without pay stubs from company B do I need to travel to my country for getting visa stamped when it’s approved ,as I was reading somewhere they do
It without I-94
If H-1 transfer is applied and there are missing payslips, there is a good chance that USCIS would issue it w/ consular processing. So you would have to leave US and return to US using the new petition and visa stamp to work for them.
Again, DO NOT enter on B’s petition unless they want you to.
Can I use my Indian pay slips as I’m working in india or use my L1B pay slip when I was in US,because employer B might wait for project before generating my pay slip and time is limited here
If the beneficiary (i.e. you) is inside US at the time of application, they want to ensure that you are in valid legal status. For H-1 applicants this means a valid 797, I-94 and most recent payslips while you are inside US.
By law, B is supposed to pay when you are employed w/ them in US, irrespective of whether you are on bench or not. That is why some employers prefer their employees to wait outside US until the project has been finalized.