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Greetings everyone,
I was supposed to work for company A this year, and they applied for my H1b before joining them. However, during September I realized for some technical reasons I can't join them. I was still on OPT, but they assured me I can easily transfer my H1b so I shouldn't worry. My H1b was filed under "change of status" application, and because of that I didn't leave the country.
After a few days I got an offer from another company (company B), and they agreed to apply for my H1b transfer. The legal team of company B first told me I can't transfer my H1b because of some technical reasons and they can't discuss what the actual reasons are. I figured they might have thought I'm out of status, so I found the link to the new rule at USCIS effective 01/17/2017, that allows highly-skilled working visa holders to have a 60-day grace period following the end of their employment. After that, they told me for some technical reasons that they can't discuss with me, since I don't have any pay stub from company A they can't file the transfer under "change of status", and I have to leave the country. I contacted the legal team at company A, and they said I don't need any pay stub from them and I can easily apply for my H1b transfer. I can't leave the country to obtain my H1b, and my only option is using "change of status". So can anyone please figure out what the actual situation here is, and how can I resolve it without going outside the country? I'm a citizen of one of the countries in the new travel ban and for that reason I can't leave the country to obtain my H1b.
I'd appreciate your help and feedback.
I was supposed to work for company A this year, and they applied for my H1b before joining them. However, during September I realized for some technical reasons I can't join them. I was still on OPT, but they assured me I can easily transfer my H1b so I shouldn't worry. My H1b was filed under "change of status" application, and because of that I didn't leave the country.
After a few days I got an offer from another company (company B), and they agreed to apply for my H1b transfer. The legal team of company B first told me I can't transfer my H1b because of some technical reasons and they can't discuss what the actual reasons are. I figured they might have thought I'm out of status, so I found the link to the new rule at USCIS effective 01/17/2017, that allows highly-skilled working visa holders to have a 60-day grace period following the end of their employment. After that, they told me for some technical reasons that they can't discuss with me, since I don't have any pay stub from company A they can't file the transfer under "change of status", and I have to leave the country. I contacted the legal team at company A, and they said I don't need any pay stub from them and I can easily apply for my H1b transfer. I can't leave the country to obtain my H1b, and my only option is using "change of status". So can anyone please figure out what the actual situation here is, and how can I resolve it without going outside the country? I'm a citizen of one of the countries in the new travel ban and for that reason I can't leave the country to obtain my H1b.
I'd appreciate your help and feedback.
