H1b Re-initiation or Transfer?

[GuestUser121]

Hi,

I got my H1 with company A for 3 years from 2010 to 2013, but only worked for 2 years and returned to India. I returned to India for personal reasons and didnot go for stamping while with them or after returning (was on OPT previously, then went through CAP for H1).

Now Company B is interested in sponsoring for my H1b (LCA got approved, have submitted the documentation for H1b, waiting on EAC number now and the petition to get approved later). Is this a re-initiation or is it simply a transfer?

If H1b doesnt get approved then I havent even considered other options, keeping my fingers crossed for now.

But if H1b does get approved,

What are all the docs I need to carry for visa stamping?

I do have all my docs (education certificates, certfications) in hand, and the company would be sending me their docs shortly, along with LCA and approval notice. I even have a copy of my old I-797, but should I be carrying an original of the old one?
Also, the only docs that I dont have in hand are my paystubs from when I worked in US (I didnt know that I couldnt access their website from India, had erroneously thought I'd get it later). How will this impact me when I do for stamping?

[raghvi]

Hi,

I got my H1 with company A for 3 years from 2010 to 2013, but only worked for 2 years and returned to India. I returned to India for personal reasons and didnot go for stamping while with them or after returning (was on OPT previously, then went through CAP for H1).

Now Company B is interested in sponsoring for my H1b (LCA got approved, have submitted the documentation for H1b, waiting on EAC number now and the petition to get approved later). Is this a re-initiation or is it simply a transfer?

If H1b doesnt get approved then I havent even considered other options, keeping my fingers crossed for now.

But if H1b does get approved,

What are all the docs I need to carry for visa stamping?

I do have all my docs (education certificates, certfications) in hand, and the company would be sending me their docs shortly, along with LCA and approval notice. I even have a copy of my old I-797, but should I be carrying an original of the old one?
Also, the only docs that I dont have in hand are my paystubs from when I worked in US (I didnt know that I couldnt access their website from India, had erroneously thought I'd get it later). How will this impact me when I do for stamping?

Technically its neither a transfer or re initiation. And broadly speaking it doesn't matter to you too what it should be called. Every employer has to file their own petition to USCIS in order to employ a non immigrant worker. What happens is once you a cap counted the petitions filed can be cap exempt.

Not having old pay stubs is not an issue. Dont you have the W2s? Even if not, it should not matter. You need not carry the old approved petition. You do need to carry the newer approved petition.


What you will be assessed on is your qualifications match the job requirements and the employer has genuine work and has ability to pay you as per LCA.

For a complete list of documents refer : https://www.immihelp.com/h1-visa-stamping-documents/

This is my opinion not legal advice.