H1B - Transfer - Please Advice : URGENT
 

I was working on h1b from my previous employer and was on payroll untill 6/15/2002. Then after i got laid off, but still they told
they will not re-voke my H1B for another 3 months i.e. untill 9/15/2002 so that i can look for my new job.

Now i have got an offer from another company and they are asking for recent paystubs. I have furnished all the related documents to the lawyer of this new company and told them that i have pay stub untill 6/15/2002 only and gave those also.

They (new employer attonery) are requesting me to provide me any additional paystub for the month of july which i d't have. I stay in california.

The question is weather my new visa will it get approved from the INS once its submitted from the attorney of the new employer from whom i got the offer OR they will request for any recent paystub? What are the other options i have to make it go?

Can you tell me what i need to do? What is the % of gettting not approved for my new h1b transfer.

Thanks and Regards
Manish.

Re: H1B - Transfer - Please Advice : URGENT
 

Hi Manish I recently had a friend in a similar situation. The law does not give you
any time between jobs. It is at the discrteion of the INS to grant you a transfer.
However it is generally seen that they will approve the H-1 if it is a month to
month and a half. But even in the worst case scenario they will approve your change
of status but you will have to go back to India (home country) to get a visa and
come back.

My friend was laid off for more than three months. He had to go back to India to get
his visa. He had no problems.

So (based on his experience) I think you will not have any problems. If you are lucky
the transfer will go through. At the worst case you will have to go back to the home
country and get a fresh visa. Suggestion.. try premium processing for your transfer
if you can afford it. Good luck buddy