H1b transfer!!! dec 30,2009

[lalithap]

Can an H1B approval be transferred without pay stubs if one never was in H1B status? H-4 was filed before start of H-1 (Oct 2008).And current status is H4.

I got my H1b and H4 approval on Oct 2008 respectiely for 3 years.Since i never started work on H1b still how many years left on both H1b and H4 as well.
What is decoupling H1b/H4?
How that will work in my situation? or not?
Could you pls explain with your best.

Thanks in advance.

[shervin143]

Which approval did you receive last? Your current status will be as per the last received I-94. If you were never on the H1B status (meaning: you got the COS to H4 approved immediately after receiving the H1B or that you left the country and returned back in H4 visa), then you can apply for a transfer to a different employer without the payslips. You still have 6 years left on your H1B (assuming you never used this H1B CAP before to work for any employer).

[lalithap]

H1b transfer dec31!!!

I got my h1b first and it is valid from 09/30/2008 to 07/12/201 which was done by my employer.

secondly I got my h4 and it is alid from 10/1/2008 to 09/30/2011 which was done by my spouse employer.

since I never worked on h1b. How many years left on both my H1b and H4 ?
I never been to india since I got my H1b and H4.
and also is that fine with work at the same employer or i can change my employer?

What are all the procedures inolved in here?

Thanks in advance.

[shervin143]

Answers below.

I got my h1b first and it is valid from 09/30/2008 to 07/12/201 which was done by my employer.

secondly I got my h4 and it is alid from 10/1/2008 to 09/30/2011 which was done by my spouse employer.

since I never worked on h1b. How many years left on both my H1b and H4 ?

>>> H1B in total is for 6 year (It is the time you spend in H1B status in U.S). So you still have 6 years left. H4 status depends on the primary H1B holder. You can stay in H4 as long as the primary H1B holder (Your spouse) is maintaining the valid H1B status.

I never been to india since I got my H1b and H4.
and also is that fine with work at the same employer or i can change my employer?

>>> You can change employer if you want. The COS from H4 to H1B should get approved for you to work.

What are all the procedures inolved in here?

>>> What procedures are you asking about? Changing employers? You need to find an employer and transfer your H1B petition. If the transfer gets approved with COS (New I-94), then you can work for the new employer.

Thanks in advance.

[lalithap]

What is decoupling?

Is decoupling works even the employee on L1 for 4 years and H1b for 2 years?

Is that mean the employee could work rest of the 4 years on h1b?
Is that true?

Thanks in advance.

[shervin143]

I am not sure I understood your question. If you were already in L1 and if you plan to work on H1B, then L1 + H1B in total is for 6 years (after that you need to leave the country and stay out of U.S for 1 year, provided your haven't applied for PERM 365 days before your 6th year visa expiry). If you have already worked 2 year on L1 (assuming you did not stay out of U.S for 1 year after that), then you have 4 years left in your H1B.

[lalithap]

6th year on H1b!Getting expired on july 2010

My spouse's
H1b getting expire on july 2010.
1.When is the right to apply on H1b extension?

And also the employer willing to file Gc.They are in the process of filing labour.
Really i do not know there is enough time left to file Gc or already the time is got over.

thanks in advance

[shervin143]

Answers below.

My spouse's
H1b getting expire on july 2010.
1.When is the right to apply on H1b extension?

3-4 months is advance.

And also the employer willing to file Gc.They are in the process of filing labour.
Really i do not know there is enough time left to file Gc or already the time is got over.

>>> You can file GC anytime. But if the intention of filing labor is to go for the 7th year H1B extension, then you need to apply for the labor at least 365 days before the end of the H1B 6 year period. Otherwise, you need to spend one year outside U.S and then apply for a fresh H1B on a new CAP.

thanks in advance

[lalithap]

Do you think time left on H1b?

Do you think time left on H1b?

My spouse he came to US on L1 by employer A on 2004.He stayed with the same employer for the period of 4 years.

But at the second year on 2005 he did l1 to H1B transfer at the employer B. And It got approved for 3 years.(2005 to 2008)But he never worked at H1b employer.He went to India and he got his L1 status on his passport.He came back from India and started worked at the same L1 employer till Oct 2008.

On Oct 2008 he did find the Employer C who can offer a job and also they did employer transfer on H1b by using the previous approved one.It got approved for 3 yeras(2008 to july 2010).

As per the I-94 he can stay in US till july 2010.

he has been on h1b only for 3 years.
he has not been on H1b total of 6 years
My question is :
1.Will he able to stay on h1b further 3 more years or not?
2.Will the decoupling apply on this situation or not?
3.Do you think any time left on H1b or not?If it is yes....

please let me know the possibilities of staying on H1b.

Thanks in advance

[shervin143]

Sorry, I mean to say L1 + H1B together is 6 years. You do the math.