H1B transfer

Hi Experts,

Need help. I got my H1B visa stamped with company A in Mar-2016 and arrived in USA on 20th May 2016 (Now completed approx. 40 days in US). Now I have below queries :

  1. In my scenario, can I get my H1B visa transfer to other company B (if they want) while I am already in US and already spent approx 40 days ? Will there be any complication in H1B transfer if I don’t have pay slips from my current employer (Company A) ?

  2. Suppose if I decide to return India and in future if I get a new employer (Company C) in India who is ready to transfer my H1B visa and send me back to US, will that be possible without any pay slip from current US travel ? What will possible complications in that scenario ?

  3. Normally how much time required for H1B transfer ? and when I can start working with new employer (Company B) if he initiate my H1B transfer ?


  1. You are not maintaining valid legal status as you are not getting paid. Your 797 may still get approved w/ new employer but there is high possibility that it will be approved w/ consular processing as status is not maintained.

  2. It would also have same issues as (1). If your visa stamp had expired by that time then you would have to appear for stamping, which could also run into issues due to this.

  3. Once they extend an offer, it would take 1-2 weeks for LCA and then petition can be applied.

What you can do is move to new employer once petition is applied and then ask the old employer to pay back wages. If they don’t you can complain to DOL as they are breaking the law. Getting this backwages would you put back in correct status.