URGENT : H1 Transfer from India without paystubs, does required stamping

[Siddhu31]

HI ,

I was in US with company A thru H1b for 6 months (till 2014 NOV) and then came to India for vacation and got visa stamped till NOV 2017 with company A. In 2015 i joined new company B in india. Now can I go with H1B transfer to company C (US company) from India without any US paystubs since last 1 year as I employed in India.

1. If I do H1 transfer from India to company C, do I need to go for fresh stamping even though i have valid visa till Nov-2017 with Company A?
2. If I get new approved I-797 (transfer petition) + old visa (company A) which is valid till NOV-2017, can I travel to US ?
3. Can I go to US with old visa + new offer letter and apply the H1 transfer on the same day I reach US ( I won't be having US paystubs) ?


Please reply me some one with the details/pros and cors asap, I need these details with very urgent. Please please help.

Thanks,
Siddhu

[raghvi]

HI ,

I was in US with company A thru H1b for 6 months (till 2014 NOV) and then came to India for vacation and got visa stamped till NOV 2017 with company A. In 2015 i joined new company B in india. Now can I go with H1B transfer to company C (US company) from India without any US paystubs since last 1 year as I employed in India.

1. If I do H1 transfer from India to company C, do I need to go for fresh stamping even though i have valid visa till Nov-2017 with Company A?
2. If I get new approved I-797 (transfer petition) + old visa (company A) which is valid till NOV-2017, can I travel to US ?
3. Can I go to US with old visa + new offer letter and apply the H1 transfer on the same day I reach US ( I won't be having US paystubs) ?


Please reply me some one with the details/pros and cors asap, I need these details with very urgent. Please please help.

Thanks,
Siddhu

1. You need not but it is advisable that you do.
2. Yes.
3. No.

This is my opinion not legal advice.

[Siddhu31]

1. You need not but it is advisable that you do.
2. Yes.
3. No.

This is my opinion not legal advice.

Thanks Raghvi,

"3. Can I go to US with old visa + new offer letter and apply the H1 transfer on the same day I reach US ( I won't be having US paystubs) ?"

But i see some of the we site that, if we apply transfer with in 15 days of time after reaching US then no need to submit any paystubs as payroll runs every 15 days. Above point will fall in to this scenario right. Any issues ?

[raghvi]

Thanks Raghvi,

"3. Can I go to US with old visa + new offer letter and apply the H1 transfer on the same day I reach US ( I won't be having US paystubs) ?"

But i see some of the we site that, if we apply transfer with in 15 days of time after reaching US then no need to submit any paystubs as payroll runs every 15 days. Above point will fall in to this scenario right. Any issues ?

I dont know which websites are those.It might have been happening in past when USCIS was not as strict, of late USCIS has been asking latest paystubs even from folks who have been here for many years. I would not advise you taking that risk.

When you enter US, you have to show the valid visa as well as valid approved petition for the employer you would be working with immediately upon entering US and CBP/DHS grants entry based on that.

First of all, if you are not going to be working for that employer and not going to be paid, you are technically lying to the POE officer about your work. Secondly, without working and getting paid you go out of status from day one.

This is my opinion not legal advice.

[Siddhu31]

I dont know which websites are those.It might have been happening in past when USCIS was not as strict, of late USCIS has been asking latest paystubs even from folks who have been here for many years. I would not advise you taking that risk.

When you enter US, you have to show the valid visa as well as valid approved petition for the employer you would be working with immediately upon entering US and CBP/DHS grants entry based on that.

First of all, if you are not going to be working for that employer and not going to be paid, you are technically lying to the POE officer about your work. Secondly, without working and getting paid you go out of status from day one.

This is my opinion not legal advice.

Thanks raghvi.

[Siddhu31]

Thanks raghvi.

Hi,

please help me this scenario.

1. Assume that applied for the H1 transfer with company C, got approved when i am india itself. Now Suddenly Company A also (who holds my visa which is still valid) offered me job at US. This time do I need to for stamping ?

2. Both Company A and Company C are working for same client + same location in US. Company A headquarters is also same location. can I shift to Company C on the same day when I reach US with out fresh visa stamping in India for Company C and traveled to US with Company A visa.
(port of entry location = Company A headquarters + client location + Company C work location) .

this scenario will help me more. Please read twice and reply me with your suggestion.

Thanks,
Siddhu.