H1B transfer in US

USA H1B Visa
1

Hi,

I need your valuable suggestion for my case below.

Right now I am working with Company A in India and came to US for 2 months assignment. After 1 month stay, I got an offer from Company B and they ready to file new petition (H1B transfer). But my current company don’t provide any payslips in US even though I am on H1B visa. I have following questions in my mind.

  1. Can the Company B file new petition and get approval without payslips? If not, what is the best alternative?

  2. Can I ask Company B to file new petition after I go back to India? As I have valid visa stamp of Company A till end of 2016. I can show visa stamp of Company A and new approved petition of Company B at port of entry when I come to US. Please let me know if I am wrong.

I prefer to serve the 2 months notice period of current employer(Company A) before moving to Company B. Company B is ready to wait for 2 months period after H1B transfer approval. what is the best approach to get H1B transfer and start working for Company B. Please advise.

Thanks in advance.

2

Why do you need to give two months notice for a company which has never produced paychecks for you?

3

  1. YES but if a query is raised for pay slips then chances of denial are high.

  2. YES, but you cannot use company A’s stamping and Company B’s petition to enter US. You will be sent back at port of entry. If your company A has withdrawn the petition (which most of the companies are doing now due to audit issues), you will not be able to enter US.

4

Thanks for your response. Can you please advise on below 2 questions.

  1. Do I still need to provide all my previous US pay slips(I stayed in US for 45 days last year and 60 days this year) if I go for H1B transfer when I am in India? Please advise. I have seen people whose H1B transfer processed successfully without pay slips when they’re in India.
  2. Can I bring my family from India If I get H1B transfer approved and join the new company here? (From your above response I understand that H1B transfer may get denied when no pay slips but assume that it’s got approved without any issues)
5
  1. Only if there is a RFE on salary slips.
  2. I don’t see any issues why you cannot bring the family. H4 is purely dependent on H1 approval. No other factors influence H4 approval.