H1B Transfer without US Paystubs

[221G-1459]

Hi,

Please help me by suggesting on the below situation:

I got my H1B Visa stamped (Company A) in Aug 2016 and it is valid till Aug 2018. I am in India and never travelled to US as I don't get a job yet. I approached new employer (Company B) because my old employer(Company A) don't have enough clients.

My H1B is now transferred to new employer (Company B) and I've planned go to US by this month end.

Yesterday, I have been approached by a client (Company C) directly and they are offering a full time role with them. I actually lied to them that I am in US and that's the reason they are offering the job.

Can I go to US through Company B and then immediately apply for visa transfer to Company C? Can I show my India Paystubs to Company C? If Company C agrees with it, Would there be any rejection by USCIS as there are no paystubs of Company B? How do I handle this situation and join Company C?

Please suggest.

[raghvi]

Hi,

Please help me by suggesting on the below situation:

I got my H1B Visa stamped (Company A) in Aug 2016 and it is valid till Aug 2018. I am in India and never travelled to US as I don't get a job yet. I approached new employer (Company B) because my old employer(Company A) don't have enough clients.

My H1B is now transferred to new employer (Company B) and I've planned go to US by this month end.

Yesterday, I have been approached by a client (Company C) directly and they are offering a full time role with them. I actually lied to them that I am in US and that's the reason they are offering the job.

Can I go to US through Company B and then immediately apply for visa transfer to Company C? Can I show my India Paystubs to Company C? If Company C agrees with it, Would there be any rejection by USCIS as there are no paystubs of Company B? How do I handle this situation and join Company C?

Please suggest.

While entering US the POE officer will ask you where you would be working, if you say B, then you will have to show B's I797 and officer upon getting convinced will admit you. If you say C you need to show C's I797.

After entering US you cannot just walk to C and start working for them. You first need valid I797 to work for C. So company C will apply for your I797 by filing I129. In order to approve C's petition and give a I797 with valid I-94 one of the documents USCIS would be wanting is proof of you maintaining valid status in US, and that can only be given by providing B's I797 as well as paystubs from B in US. B's paystubs of India do not hold any significance in such a scenario.

If you want to work for C either have C file a petition now, get it approved and then enter US by showing C's petition, OR, enter US, join B' work for them and get few paystubs, and then ask C to file a transfer.

This is my opinion not legal advice.

[visa_2014]

I have a similar problem:

1. March, 2018 I was in India and Company A filed my H1-B.
2. In September 2018, I came to USA on L2 and then I applied for L2 EAD which I got it in November.
4. In December, I got RFE on H1-B which was cleared in February, 2019.
5. I started working with Company B on L2 EAD in March
3. I never worked for Company A and never got my H1B triggered.
4. Now, my EAD is expiring and hence, I would like to get on H1-B with my current company B.

Can Company B file my H1B transfer?

[visa_2014]

Any thoughts on this? I need this info ASAP.

[visa_2014]

Updating -> Company B can file my H1B transfer with no issue. In fact, any company can file my H1b petition.