H1b Transfer without I797

[erricster]

I am wondering if we can get our H1b transferred to new employer without having I797 as my employer is not giving me a copy of it also.

I have the EAC number.
Can you please tell me what documents are sufficient to get the h1b transferred to new employer with out I797.
This has been answered in earlier threads also but i want to know if the EAC number is sufficient for transfer - then in future when i go for stamping for H1 visa will i need this document then?

What can be done in this case and does this affect when i apply for GC?


Thanks,

Erric....

[shervin143]

Transfer can be applied with just the receipt number, if you know for sure that receipt number belongs to you. How confident are you that receipt number given to you by your employer belongs to your petition? If you know that for sure, then you can file a new petition using that receipt number without having to go through the CAP again.

No issues with stamping or GC process.

[erricster]

Thanks shervin.

The receipt number you are referring to is the one which starts with EAC letters right?
If it is then it should be printed on the new i-94 which comes along with i797 form - can you please confirm?

Can you please let us know what all the documents needed for the H1B transfer.

Thanks,

Erric.

[shervin143]

The receipt number you are referring to is the one which starts with EAC letters right?
>>> It will differ by service center (EAC, WAC). Yes that is the receipt number.

If it is then it should be printed on the new i-94 which comes along with i797 form - can you please confirm?
>>> Yes.

Can you please let us know what all the documents needed for the H1B transfer.
>>> http://www.immihelp.com/forum/showthread.php?t=75721

[erricster]

Thanks for your reply again. Can you please confirm if this would be a normal h1b transfer or a new application with in CAP.
Can you also please tell since i was on L1 till date and moved to H1b recently - for my VISA stamping can i get it done in CANADA or have to go to my home country.

thanks,

Erric.

[shervin143]

Transfer is nothing but a new H1B petition under the existing CAP. You can get your visa stamped in Canada but not Mexico.

Thanks for your reply again. Can you please confirm if this would be a normal h1b transfer or a new application with in CAP.
Can you also please tell since i was on L1 till date and moved to H1b recently - for my VISA stamping can i get it done in CANADA or have to go to my home country.

thanks,

Erric.

[erricster]

Transfer is nothing but a new H1B petition under the existing CAP. You can get your visa stamped in Canada but not Mexico.

You have mentioned before in some replies that first time h1b stamping should be done in home country only and not in Canada. Can you please confirm in this case.
I came to US on L1 visa first time 2 years back and now i have my H1b approved and want to get my visa stamped for H1b.
I am already having valid H1B I94 which is valid till 2014.
Please confirm if i can go to Canada for VISA stamping.

[shervin143]

Okay, if this is your first time H1B stamping, then it has to be from your home country. Your previous questions sounds as if you were asking whether a chnage of status stamping (previous L1 and now H1B) is possible in Canada or not. Change of status stamping is possible in Canada but not in Mexico. But if this is your first time H1B stamping, then advisable to get it done in your home country.

You have mentioned before in some replies that first time h1b stamping should be done in home country only and not in Canada. Can you please confirm in this case.
I came to US on L1 visa first time 2 years back and now i have my H1b approved and want to get my visa stamped for H1b.
I am already having valid H1B I94 which is valid till 2014.
Please confirm if i can go to Canada for VISA stamping.

[erricster]

Okay, if this is your first time H1B stamping, then it has to be from your home country. Your previous questions sounds as if you were asking whether a chnage of status stamping (previous L1 and now H1B) is possible in Canada or not. Change of status stamping is possible in Canada but not in Mexico. But if this is your first time H1B stamping, then advisable to get it done in your home country.

Yes it is change of status from L1 to H1. I had L1 stamping before and now i have moved to H1b status so i would like to get h1b stamping. So can you confirm if I can get my h1b stamping in CANADA?

[shervin143]

Is this your first H1B visa that you are seeking? If yes, then it is advisable to go and get it stamped from your home country. If you previous had a H1B stamped (may be prior to your L1), then you can go to Canada.

Yes it is change of status from L1 to H1. I had L1 stamping before and now i have moved to H1b status so i would like to get h1b stamping. So can you confirm if I can get my h1b stamping in CANADA?

[erricster]

Is this your first H1B visa that you are seeking? If yes, then it is advisable to go and get it stamped from your home country. If you previous had a H1B stamped (may be prior to your L1), then you can go to Canada.

Thanks Shervin for all your replies.

One more question plz. what should be my approach if my future employer's legal team asks for I797 copy and I don't have it for H1 transfer. I can provide them the correct EAC#.
Is there any proper document i can provide as proof to tell them that this is not needed for sure!.

Thanks.

[shervin143]

There are no specific documents for this. All that you need for the transfer is the receipt number and any good immigration attorney will know this. They will ask for the approval notice just to make sure that the receipt number really belongs to you. If you give them the wrong receipt number, then the H1B will get denied and the employer will loose the money that they have invested. That is the reason why they ask for the copy approval notice, so that they can submit that will other documents to USCIS.

Thanks Shervin for all your replies.

One more question plz. what should be my approach if my future employer's legal team asks for I797 copy and I don't have it for H1 transfer. I can provide them the correct EAC#.
Is there any proper document i can provide as proof to tell them that this is not needed for sure!.

Thanks.

[erricster]

There are no specific documents for this. All that you need for the transfer is the receipt number and any good immigration attorney will know this. They will ask for the approval notice just to make sure that the receipt number really belongs to you. If you give them the wrong receipt number, then the H1B will get denied and the employer will loose the money that they have invested. That is the reason why they ask for the copy approval notice, so that they can submit that will other documents to USCIS.

Thanks Shervin, for your reply.

[erricster]

Thanks Shervin, for your reply.

Hi Shervin,

Here is my situation. I got h1 approval in nov last week and i continued with employer A till Nov end and then joined employer B who sponsored my H1. I have got my paystubs from employer A till 2nd week of Dec as back logs.

I have one paystub from my employer B .

Q: Can i apply for a transfer to company C with only 1 pay stub?

Regards,

Erric.

[shervin143]

Irrespective of the employer, if you have pay slips to prove your H1B status, then you can apply for the transfer. If you worked for employer B only for 1 months, then include that pay slip and two pay slips from the previous employer to show that you maintained your H1B status.

Advisable not to join employer C until you get the H1B transfer approved.

Hi Shervin,

Here is my situation. I got h1 approval in nov last week and i continued with employer A till Nov end and then joined employer B who sponsored my H1. I have got my paystubs from employer A till 2nd week of Dec as back logs.

I have one paystub from my employer B .

Q: Can i apply for a transfer to company C with only 1 pay stub?

Regards,

Erric.