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I-485 Discussion Forum
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HELP URGENT-H1B TRANSFER

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Posted by Timewaste (23) 08 Feb 2010
I have been on bench since Jan 01,2010. My last payroll was generated on Dec 31,2009. I have managed to find a new job but this (new)company wants me to come on their payroll asap. Would it be a problem if I transfer my H1-B since I don't have payroll from Jan 01,2010.

Gurus please provide your inputs...
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Posted by York2k (29) 08 Feb 2010
to Timewaste:

Wrong forum...
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Posted by SachBole (539)   09 Feb 2010
to Timewaste:

I don't you should be concerned on this. Just file ASAP. Consider January as unpaid leave.
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Posted by dontlikeiv (26) 09 Feb 2010
to Timewaste:

without latest payslips... it would be hard to transfer...
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Posted by jadoo123 (199)   09 Feb 2010
to dontlikeiv:

I am not sure how this contracting works, but why don't u work for the new firm as contractor from the current firm. Get paid for a few months. Then have the new firm do a H1 transfer.
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Posted by minakshi9 (100)   09 Feb 2010

I have been on bench since Jan 01,2010. My last payroll was generated on Dec 31,2009. I have managed to find a new job but this (new)company wants me to come on their payroll asap. Would it be a problem if I transfer my H1-B since I don't have payroll from Jan 01,2010.

Gurus please provide your inputs...

to Timewaste:



Please consult with lawyer anyway - I know someone who applied for H1 transfer with more than 3 months of break. The candidate was in India and had left the country within 45 days. The transfer got denied because of incorrect LCA; Applied again for a NEW h1 with a different law firm who did a fine job from LCA to applying to everything and got the new visa approved.
In short the one month break is not the biggest deal, but transfer or new is the decision to make. Which ever it is, read the new multiple site LCA rules carefully and check with lawyer if the LCA is obtained for all sites.
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Posted by GCwaiting07 (28) 09 Feb 2010
to minakshi9:

It shouldn't be an issue. File ASAP.

I got my h1 transfer approved without last 2 months paystubs.
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Users watching this thread: Timewaste, dontlikeiv, jadoo123, minakshi9, GCwaiting07
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