H1B Transfer and Pay Stubs

[onlineseek]

Hi All,

I am currently in US working for employer A on L2-EAD visa. I have been getting regular pay stubs.Employer A has applied for my H1B petition (Cap Exempt, i.e Out of Cap).I have received the acknowledgement receipt but have yet to received the approved petition. Once I get the approved petition, can I immediately join a new employer B through H1B transfer? Or is there a requirement that I need to have minimum of 2-3 pay stubs on H1B status with employer A before employer B can apply for my H1B transfer?

Thanks for your time and help.

[kabkaba]

If you have had an H1 in the past, B can file their petition at any time.

If you are in H1 status at the time B files their petition, you will have to prove that you are maintaining H1 status which means showing your paystubs.
If B's petition is filed when you are in H1 status, you can join them based on the petition receipt and then continue after approval (or wait for their approval).

If you are in L2 status at that time, you will have to show that you are maintaining L2 status, which means showing your spouse's paystubs.
If B's petition is filed while you are in L2 status, you can either join them based on EAD and wait for the approval with change of status.

[onlineseek]

If you have had an H1 in the past, B can file their petition at any time.

If you are in H1 status at the time B files their petition, you will have to prove that you are maintaining H1 status which means showing your paystubs.
If B's petition is filed when you are in H1 status, you can join them based on the petition receipt and then continue after approval (or wait for their approval).

If you are in L2 status at that time, you will have to show that you are maintaining L2 status, which means showing your spouse's paystubs.
If B's petition is filed while you are in L2 status, you can either join them based on EAD and wait for the approval with change of status.

Thanks Kabkaba for your reply. I had H1 earlier which was revoked in 2011 after I left a company. If employer B files for my H1 petition while I am still on L2, will there be any problem considering that 2 H1B petitions have been filed for the same candidate at USCIS?

[kabkaba]

No that will not be a problem.

[onlineseek]

No that will not be a problem.

Thanks a lot for your quick response kabkaba.

One final question, if COS from L2 to H1 happens while I am with my current employer A and if a new employer B wants to do H1 transfer, what is the minimum number of paystubs (on H1 Status with employer A) I need to produce for employer B to file H1 transfer? I currently get bi-weekly pay stubs.

[kabkaba]

Two

[onlineseek]

Two

Thanks Kabkaba