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Urgetn: H1 Transfer

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recker
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Joined: Sat Dec 10, 2005 7:47 pm

Urgetn: H1 Transfer

Post by recker » Sat Dec 10, 2005 7:54 pm

I came to US on B1 Visa with company XYZ and transfered B1 to H1 with same company and got the approval. Now I got offer from company ABC for H1 transfer. I am also planning to go back to India for a month.
My queries are as following:
1) Is 1 paystub is sufficient from company XYZ for H1 Transfer?
2) Is it fine if i go to India when H1 transfer is under processing?
3) What complications may arise If I leave US with or without getting H1 Transfer approval for H1 Stamping in India as I have case of B1 to H1 and H1(company XYZ) to H1 transfer(ABC) which sounds complex.
4) What documents are necessary for H1 stamping?
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recker
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Posts: 2
Joined: Sat Dec 10, 2005 7:47 pm

Please resply

Post by recker » Sat Dec 10, 2005 8:40 pm

Please reply to my Post..This is veru urgent.
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Kayalami
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Joined: Wed Oct 30, 2002 1:01 am

Post by Kayalami » Sun Dec 11, 2005 10:05 pm

1) Is 1 paystub is sufficient from company XYZ for H1 Transfer?
Depends how long you worked with the XYZ...I'm sure USCIS want to verify you were in status since your B1 to H1 transfer so I would expect them to want paystubs for the entire period.
2) Is it fine if i go to India when H1 transfer is under processing?

3) What complications may arise If I leave US with or without getting H1 Transfer approval for H1 Stamping in India as I have case of B1 to H1 and H1(company XYZ) to H1 transfer(ABC) which sounds complex.
Once you leave the US you have no status. To return to the US you need a valid visa. H1 visa can only be obtained if you have H1 approval. A risk in consular visa stamping is if your application is put forward for administrative processing - on grounds of security or other concerns. This can take a few weeks to more than 1 year in which you would be stuck outside the US. I suspect your new employer wouldn't keep the job open for that long.
4) What documents are necessary for H1 stamping?
It might be useful if you speak to your sponsors attorney who should be helping you with this :roll: For starters you need the the I-797 petition and evidence of your educational qualifications and/or substitute work experience. I will get you to do some leg work - type state department on a search engine then find the relevant US consulate..it will have a list of requirements.
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