URGENT! H1 - Change Employers immediately after entry in US

[rashidsajjad]

Hello,

I will be entering the US after 1 year in Pakistan (long story) with first time entry in US on H1. When i land there, i might have another offer so i will require a change of employer. I've heard that you need at least 2 pay stubs for a H1 transfer...this is a big soup of what exactly is a H1 transfer, what is a new H1, whats different between H1 status and H1 visa. My question is has anyone been in this situation where you entered the US on a H1 and required a transfer immediately (without any pay stubs in hand) or some other way that can you start with the new company? (will i have to go back to get the H1 re-stamped from new employer?)

Thanks everyone.

[AndrewWilson]

Have you ever entered or worked in the U.S. on your current H-1B status before? New CIS guidance may help you with your situation and may help with any cap concerns.

If you do not plan on working for the company listed on your current H-1B, how do you plan to enter? It is risky and not a prudent idea to enter on H-1B paperwork when you do not plan to work for that company.

If you will not work for your current H-1B company, perhaps an extension request, if posisble, is the way to go. If you are eligible for an extension, you are obviously not subject to the cap and you can use an unexpired H-1B visa that was previously granted. With premium processing, this could happen quickly.

Again, if you have no plans to work for current H-1B company, I would investigate an extension option first and how to file that paperwork. There is new guidance out from CIS that may help show you are not subject to the cap.

Regards,

Andrew

[rashidsajjad]

Didnt really answer my question..Still wondering what are the rules?

Well actually i am joining the company there, i repeat i "might" have some other offers which could materialize once i am there so theres no crime in jumping to another offer after i am physically in the US and go for interviews elsewhere.

I cant be subject to cap as i have been counted against the H1 quota for 2005 (May 2005 filed first h1). This current h1 was already filed as cap-exempt since i havent been outside the US for full 12 months (and the 1 year cap exempt limit has been abolished as of 24 Dec 2006) so no matter how long you stay outside the US youre cap exempt.

It still doesnt answer my question as to what the legalities are to transfer to another company if you;ve worked for a couple of days with a particular employer and have no recent pay stub history.

Thanks...anyone?

[harry675]

I know one person. he went US first time in H1b in june, 2005. He worked with the employer(who filed h1b for him) for 15 days. Very first week, He attended some interviews, got offers, asked them to transfer the visa. So with in 20 days, he joined new company. I do not know current rules, so this situation may be invalid with new rules