Posted by: santoshgiri January 10, 2008
HELP NEEDED REALLY URGENT H1B TRANSFER
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If you are still maintaining status in some other visa category, there is a possibility of H-1b Transfer, but for consular processing. The new company should file a H-1B transfer for consular processing and you will have to appear for a visa interview, possibly in Nepal.

The situation of "No pay stubs" is determined as "Out of Status" if you did not start working even though you had a visa.

If the earlier company paid you in other forms such as personal checks, you can produce direct deposit or a monthly pattern of income generated to prove your continued employment.

If you can prove that you are in lawful H-1B status at the time this petition is filed, then you can start working with the new company as soon as the petition is filed and the petition, if otherwise approvable, will be approved as an extension of stay with the new employer and you'll get a new I-94. If you cannot show that you are maintaining valid H-1B status at the time of filing, the new employer's H-1B petition on your behalf will be approved, if otherwise approvable, as a consular processing (without a new I-94) and in order to be able to start working for that employer, you would have to depart the US and reenter with the new approval notice and a valid H-1B visa.

If none of these situations persists, the new company must file a new-fresh H-1B under new quota in April 2008.

Good Luck.

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