Mon Nov 6, 2006, 03:55 pm
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Junior Member
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Join Date: Nov 2006
Posts: 4
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H1 transfer after one month of approval....
Hi All
I came to US on a H4 status and got my H1 on 1st Oct o6.
A consulting company is the carrier of my H1.They have been trying to find a job for me but have not managed to get a single interview.
In the mean time I got a direct job offer from a company.
They wish to transfer my H1B.But I do not have a payslip frm consulting company nor have they paid me .
I am also awaiting for my social security number which is due in coming 10 days.
Please let me know if hte new company can transfer H1B without any paystubs??
Please help...
Thanks in advance...
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Mon Nov 6, 2006, 04:39 pm
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Junior Member
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Join Date: Nov 2006
Posts: 2
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Re: H1 transfer after one month of approval....
I am in exactly same situation as you are except I am still waiting for H1B approval. The second company with direct hire informed me that they will consult with local lawyer so as to help me out. I don't know in detail but what I do know is "We don't need pay stub." "We have to file new I-129 with same receipt number as approved H1B."
If you have any new thing, please inform me.
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Mon Nov 6, 2006, 09:08 pm
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Senior Member
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Join Date: Mar 2004
Posts: 2,818
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Re: H1 transfer after one month of approval....
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Originally Posted by sm0404
Hi All
I came to US on a H4 status and got my H1 on 1st Oct o6.
A consulting company is the carrier of my H1.They have been trying to find a job for me but have not managed to get a single interview.
In the mean time I got a direct job offer from a company.
They wish to transfer my H1B.But I do not have a payslip frm consulting company nor have they paid me .
I am also awaiting for my social security number which is due in coming 10 days.
Please let me know if hte new company can transfer H1B without any paystubs??
Please help...
Thanks in advance...
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Here's a news flash for you. You have to have the job offer BEFORE the I-129 is submitted. What the original consulting company did is illegal. How did they file for the prevailing wage, and file the LCA without a job offer? The petitioning company has to state its tax id number, size, gross/net profits for the past year, year the company was established, etc. Did they just make these things up?
Your "change" of employers will not be approved without pay stubs establishing that you were in fact working for the original company. You will have to return to your country and wait for the issuance of a new H1B. This time do it right. You deprived someone of an H1B by entering the country without a waiting job.
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Tue Nov 7, 2006, 10:46 am
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Junior Member
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Join Date: Nov 2006
Posts: 4
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Re: H1 transfer after one month of approval....
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Originally Posted by Ronnie
Here's a news flash for you. You have to have the job offer BEFORE the I-129 is submitted. What the original consulting company did is illegal. How did they file for the prevailing wage, and file the LCA without a job offer? The petitioning company has to state its tax id number, size, gross/net profits for the past year, year the company was established, etc. Did they just make these things up?
Your "change" of employers will not be approved without pay stubs establishing that you were in fact working for the original company. You will have to return to your country and wait for the issuance of a new H1B. This time do it right. You deprived someone of an H1B by entering the country without a waiting job.
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First of all you dont get a job untill you have an H1B.They dont even interview you without have a Social Security number.And you cannot have a social sec num untill you have a H1B(In my case since I was on H4)
The petitioning company has the state its tax id number, size, gross/net profits for the past year, year the company was established, etc.
I do not have a social as yet .Its in process.They cannot pay me untill I have a Social Sec number too.I have not deprived someone of an H1B by entering the country without a waiting job.I did not have a job when I filed it but yes I do have a job when I received the approval.
FYI...
You can only start working once the approval is received.You cannot start working as soon as the H1 is filed.
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Tue Nov 7, 2006, 10:49 am
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Junior Member
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Join Date: Nov 2006
Posts: 4
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Re: H1 transfer after one month of approval....
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Originally Posted by tobornot
I am in exactly same situation as you are except I am still waiting for H1B approval. The second company with direct hire informed me that they will consult with local lawyer so as to help me out. I don't know in detail but what I do know is "We don't need pay stub." "We have to file new I-129 with same receipt number as approved H1B."
If you have any new thing, please inform me.
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Yes am sure we dont need a paystub.They company cannot pay you without a social security number.They can always provide that as proof.I will get back to you once I get to know anything from the companys legal team. |
Sat Oct 25, 2008, 08:57 am
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Junior Member
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Join Date: Oct 2008
Posts: 1
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Re: H1 transfer after one month of approval....
hi,
Did you get the H1 transfer approved for your permanent position. Actually I am also in the same situation. I was on H4 and from this oct on wards my H1 is valid and even 1 week back I have got my ssn. now I got an offer for permananet position. If do go for H1 transfer, will that get approved? please tell me what happend in your case.
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