On OPT got H1 approved. Urgent H1 transfer before Oct2008

[visatechius]

My H1 got approved this May. I am currently on OPT and work for employer 'A' with whom my H1 is tied to. Employer 'A' is not willing to give H1 petition.
The only proof i have of H1 with employer 'A' is EAC Reciept.

Can i transfer my H1 before October 08 without the pay stubs and I797 ?

[txh1b]

You can have a new employer transfer the H1b without the paystub and with a copy of the approval printout from the online case status before you enter H1b status with employer A i.e before Oct 1st.

[orion]

File a complaint against them.

[gbadrain]

DEADLINE of joining H1B Company

You can have a new employer transfer the H1b without the paystub and with a copy of the approval printout from the online case status before you enter H1b status with employer A i.e before Oct 1st.

How far is it true that the successful H1B visa applicants have to join company in USA before 1st October 2008 without fail?
Please elaborate me on that because some cases can exceed this deadline and for these applicants how will USCIS look at them.

[DMX17]

File a complaint against them.

I am not sure what the complaint would be for. An H1 is an employer's petition and the employer is not legally required to give the approval notice to the beneficiary. However, most decent employers give the I-797 to the employee.

[DMX17]

How far is it true that the successful H1B visa applicants have to join company in USA before 1st October 2008 without fail?
Please elaborate me on that because some cases can exceed this deadline and for these applicants how will USCIS look at them.

What txh1b was suggeseting is that you can apply for an H1 which will not be counted against the cap before Oct 1st. I am not sure if you H1 came with an attached I-94.

Apply for an H1 with new employer, request a COS on I-129, probably premium process the case, have the new H1 approved before Oct 1st, join the new employer on Oct 1st. No pay stubs needed. Use the EAC number that you have for the employer A H1 to prove that you were already counted in the FY2009 cap.

[gbadrain]

JOIN before 1st October 2008

DMX17, I know that my case has nothing to do with I-94 but my query is :
Firstly,I have got the receipt for H1B visa for fy 2009 and I am expecting my interview with the consulate in India by july 2008. Incase (God forbidden) if there is a requirement of some document and there is a delay . HOW far is it true that the case will have to be sorted out before 1st October without fail. Is it mandatory on my part to get the clearance inclusive of H1B Visa stamping before 1st October 2008
I hope my query is understood.
Secondly , what all papers are scrutinised at the SERVICE CENTRES ? Is it primarily the EMPLOYER in USA whose papers and credibility of his company are examined.

[txh1b]

You can enter anytime during the validity of the petition. Oct 1st has no significance other than the fact that the employer has a job waiting for you since Oct 1st.

[gbadrain]

Query Is Unanswered

THIS PART OF MY QUERY IS UNANSWERED?????????????

Secondly , what all papers are scrutinised at the SERVICE CENTRES ? Is it primarily the EMPLOYER in USA whose papers and credibility of his company are examined.

[txh1b]

What is a service center according to you? In a 221g situation, the VO can choose to verify anything to everything about the company.

[C4us]

Both employer's and employee's documents are verified.

[gbadrain]

California Service Center

My Papers/File ,after the lottery ,are presently are at "CALIFORNIA SERVICE CENTER" for verifications of documents. I wish to know as to what all is verified here; I am sure over 80% of cases are verified "OKAY" and then sent to the concerned Consulates for the said interview for H1B Visa stamping.
Again a very hypothetical query: IS the verification a mere formality at the SERVICE CENTER because I feel that only during the interview at the respective consulates they issue you 221(g) to ask for the necessary documents.
WHY DONT THEY ASK FOR at the SERVICE CENTER??[

[txh1b]

Both service centers and the consulates are verifying documents and also resulting in re-verifications. If there are any complaints with the DOL against an employer, that is also verified.