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Already have an H1-B - wishing to file New H1B

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  • Already have an H1-B - wishing to file New H1B

    My wife already has an H1B thru a consultant. She just started working a few weeks ago. The company ,she is working for, wants to hire her as a permanent employee and wishes to file her H1B. Since she does not have the pay-stubs from the consultant yet - we are wondering if she can file for a new H1B thru the company she is already working for.

    1) If she can - will she fall under the quota purview (she already has an H1B)?
    2) Can she start working for the co. under the new H1B once she gets the approval or she has to wait until oct. 1?
    3) Does she need the pay-stubs to file for this new H-1B (since she does not have the pay-stubs - hence we are trying to see if we can use this route)?

    Your help will be highly appreciated.

    Thanks

  • #2
    On H1, the employer must pay the H1 employee all the time, even on bench. Not getting paid puts the employee out of status and may result in problems in H1 transfer, Change of Status, and GC process etc.
    Last edited by DMX17; 04-02-2008, 04:00 PM.
    Check out H1 FAQs first!
    http://www.immihelp.com/visas/h1b/h1-visa-faq.html

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    • #3
      Once you are cap counted, you are not counted again.

      There is no point in applying for a new H1b in your case as a new H1b can only be approved as a CP. Every H1b (even a transfer) is a new H1b in the eyes of USCIS. Submission of proof of old approval makes it cap exempt.

      I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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