H-1B Transfer to new employer

[s6a6n6d6m6a6n]

Hey Guys,

I know this must've been asked / answered a gazillion times...

I got H-1B for FY2008 and the work permit is valid wef Oct-01, 2007.
I have not yet arrived in the US and obviously have not started work for the company (which is a consultant) who was my original petitioner.

Couple of quick questions --

1) Is it possible for any H-1B recepient to get his visa (or I-797) transfered to a new employer, if he has not yet begun work with his petitioning employer ?

2) Is it mandatory for any visa holder to have atleast 2 to 3 paystubs before a visa transfer can be initiated ?

3) Can the new employer (who agrees to transfer) file an I-129 transfer petition with the USCIS, if the worker has not even started working or has not yet arrived in the US ?

4) My employer (consultant) has told me that i can run into problems if i attempt to get my H-1B transferred before atleast 6months with him.

5) He also mentioned that if i do not have paystubs for the initial few weeks, (lets say a month or two) then i can get into trouble with the IRS and may be a problem for my H-1B status.

I obviously do not know the laws / procedures yet, so am kinda lost with his download, as he got to know that i'm applying for interviews elsewhere also.

6) Last question - Non H-1B related -- my girlfriend will be traveling to US and seeking admission as a tourist. Though her prime objective is travel and tourism, she's considering taking up a course at school. If she get her I-20, can she get her visa classification / status changed to F-1, without having to travel back to India for a fresh stamping ?

Veterans, please advise.

Thanks in advance.

Sandman®

[s6a6n6d6m6a6n]

Seniors plz reply...

Hi Seniors / anyone, would appreciate a reply on this query !!!

[infoway]

1) Is it possible for any H-1B recepient to get his visa (or I-797) transfered to a new employer, if he has not yet begun work with his petitioning employer ?

YES.


2) Is it mandatory for any visa holder to have atleast 2 to 3 paystubs before a visa transfer can be initiated ?


TRANSFER H1B BEFORE YOU ENTER THE US AND USE THE NEW APPROVAL NOTICE AT THE PORT OF ENTRY. YOU WOULD NEED PAYSTUBS, IF YOU ARRIVE AND TRANSFER.

3) Can the new employer (who agrees to transfer) file an I-129 transfer petition with the USCIS, if the worker has not even started working or has not yet arrived in the US ?

YES

4) My employer (consultant) has told me that i can run into problems if i attempt to get my H-1B transferred before atleast 6months with him.

NOT REALLY, IF YOU FOLLOW THE STEPS ABOVE.

5) He also mentioned that if i do not have paystubs for the initial few weeks, (lets say a month or two) then i can get into trouble with the IRS and may be a problem for my H-1B status.

SOMEWHAT TRUE.


6) Last question - Non H-1B related -- my girlfriend will be traveling to US and seeking admission as a tourist. Though her prime objective is travel and tourism, she's considering taking up a course at school. If she get her I-20, can she get her visa classification / status changed to F-1, without having to travel back to India for a fresh stamping ?


YES, SHE CAN

GOOD LUCK, NOT A LEGAL ADVISE.