H1 Transfer and Extention

[eucalyptus.mp]

I am working in US from Feb 2007 to till date. I was on H1-B visa This H1-B petition is valid till 30 sep,2009. I am currently on project which ends on 31 March 2009 . Before that I want to change my employer .
Some ppl suggested me Transfer H1 with extention immediately. Some said that stay with current employer have extention and then transfer .
Is there any problem now a days for H1 Transfers ?
Please give me your valuable suggestions.



Thanks...

[rvr_jcop]

Originally Posted by eucalyptus.mp

I am working in US from Feb 2007 to till date. I was on H1-B visa This H1-B petition is valid till 30 sep,2009. I am currently on project which ends on 31 March 2009 . Before that I want to change my employer .
Some ppl suggested me Transfer H1 with extention immediately. Some said that stay with current employer have extention and then transfer .
Is there any problem now a days for H1 Transfers ?
Please give me your valuable suggestions.



Thanks...

There are about 90% chances that you will get RFE with the extension.Lets say there are about 50 to 60% cases those are getting approved without any RFE. In either case does this answer helpful to you?

I guess, NOT. You should make the decision based on your new job/employer. If you have everything in place, and you never been out of status, filed LCA according to the rules in the past, employer played by the rules, both past employer and the future, you should not have any issues with the extension.

Nobody can say do this or do that. End of the day, its all yours. PLEASE FILL UP your profile.

[eucalyptus.mp]

Ok ..
Now I dont want to change my employer .
But my employer doent pay when I am on bench . So I may not having paystubs after March .
Will it cause any problem to H1 extention ?

[rvr_jcop]

Originally Posted by eucalyptus.mp

Ok ..
Now I dont want to change my employer .
But my employer doent pay when I am on bench . So I may not having paystubs after March .
Will it cause any problem to H1 extention ?

Ofcourse, if H1-extension requires the last couple of pay checks, there is a possibility they would ask for the 'latest', as opposed to March pay stubs, if you apply for extension say in August. Again, if you apply for extension in April with March paystubs (within 6 months of expiry), then there is a less possibility. But you cant rule that out if they ask for latest stubs in the potential RFE in the future. So its up to you.

[eucalyptus.mp]

Hi My emplyer is saying that he will apply for extention 3 months before expiry . So I guess he will apply in July . So in that case I need the Paystubs of May and June . Am I right ?

[rvr_jcop]

Originally Posted by eucalyptus.mp

Hi My emplyer is saying that he will apply for extention 3 months before expiry . So I guess he will apply in July . So in that case I need the Paystubs of May and June . Am I right ?

Yes, according to English Calendar

[snathan]

Originally Posted by eucalyptus.mp

I am working in US from Feb 2007 to till date. I was on H1-B visa This H1-B petition is valid till 30 sep,2009. I am currently on project which ends on 31 March 2009 . Before that I want to change my employer .
Some ppl suggested me Transfer H1 with extention immediately. Some said that stay with current employer have extention and then transfer .
Is there any problem now a days for H1 Transfers ?
Please give me your valuable suggestions.



Thanks...

If you have all the papers in place and never be out of status, you can do tranfer now itself. If everything is in place, still if you get REF...its out of luck. In that case you might get RFE in extension also.

If fact you can do the transfer and extension at the same time. I did file in couple of weeks gape and both got approved.

[eucalyptus.mp]

Do I need recent salary slips for transfer ?

[snathan]

Originally Posted by eucalyptus.mp

Do I need recent salary slips for transfer ?

Yes you need.

[ivar]

Originally Posted by eucalyptus.mp

Do I need recent salary slips for transfer ?

Yes you need paystubs. What your employer says when you ask the same question you are asking here on the forum. That your H1 expires 2009, your project gets over in Mar 09, how he will u give paystubs? what does he say?

[eucalyptus.mp]

he is asking me to go back to India after March

[eucalyptus.mp]

As my employer is asking me to go back to India , what options I am having to get extention ? Can I file GC my own ?

[eucalyptus.mp]

I tried to contact 2-3 employers but no one seems to be intersted in H1 transfer now a days .

[laksmi]

Is paystub needed When a person is on H1B and is out of project when AOS on 485.

Originally Posted by diptam

I'm also in similar situation - my current project will also end by Mar 30th and its tough getting a new Project outside since my employer wants to make big money out of me (they keep fat margins) .... My H is valid till Sep 10 but it doesn't matter as soon as the current employer cancels it or asks u to go out of the country.

Do a H transfer immediately with some other company so that u remain in status...

Then file GC with that new company. GC can't be filed on your own - The PERM Labor and I-140 must need a employer and the 3rd stage I-485,EAD,AP you can file on your own.

[diptam]

Any H employer is supposed to pay the minimum wage to the employee , so paystub seems natural in this process. But if you are genuine and just missed the paystubs for some reason you can send some alternatives :

a) Timesheet signed.
b) benefits confirmation ,
c) email correspondence to indirectly prove that you were working in H1 status and getting paid

Hope this helps

Originally Posted by laksmi

Is paystub needed When a person is on H1B and is out of project when AOS on 485.