Anagha

Hello,

I came to USA on H4 visa ( as I was told that I can start working once I apply for H1
- which was not true) and then, unfortunately even though I applied for H1
immediately, it took 1 YEAR ! FOR THE APPROVAL.

Now I have my H1 approved but the company (say "A") who sponsored my visa is not
interested in hiring presently.....and I have another company( say "B") is ready to
transfer my visa ...BUT "B" SAYS THAT YOU HAVE TO BE ON PAY-ROLE OF "A" FOR SOME TIME
(AT LEAST 2MONTHS) AND THEN IF YOU APPLY FOR TRANSFER FROM OUR ("B") COMPANY.
OTHERWISE YOU MAY HAVE PROBLEMS IN GETTING YOUR VISA TRANSFERRED WITH OUT WORKING FOR
A SINGLE DAY FOR COMPANY "A" So my question is,

1. Is it necessary for me to be on payroll of "A" (for few months) and present pay
stubs while applying for "B" (I have to ask Help from "A" and work for few months
before transfer to "B" ?) or I can directly apply transfer from "B" ?

2. If I apply directly from "B" ..what documents will be required for transfer? can
it be rejected? or delayed for long time?

Hope I could explain you my situation....Please provide me with an answer.

Thanks you in advance,

Best Regards,

Anagha.

Now the situation is that the "A" company got disolved a few days back..... and
though I got my visa in Jan ( from INS) the date of visa is from OCT (I AM SORRY ITS
JAN ONLY….REALLY SORRY …..OBVIOUS I AM TENSED….IT IS JAN AND NOT
OCT). One Attorney tells me that I can go for transfer with that approved visa
......and file for H1 transfer..... now given the condition that there is no way I
can get pay stubs...can I go ahead and file for transfer? what are the chances for
approval of that?

once again thaks a lot

Anagha

MarkW

I see nothing in the new portability law preventing you from transferring your H-1B without having logged any time with the original employer. Don't forget, Employer "B" still has to go through all the H-1b petitioning, so it's not really a true transfer.
mark