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hanabi

h1b approved for October 2012, transfer in October 2012

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Hello,

I have been working for the company A under opt, and they decided to apply h1b for me. I got my h1b approved for october 2012.

I only received i-797C and i-797A with i-94. I do not see any h1b visa.

I got a new offer from company B who is willing to do the transfer. I might get transferred in November 2012. That means I only have one month pay stub as h1b worker and few pay stubs from opt before the effective date oct 1st.

Will there be any issue to transfer?

Thanks

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a visa is only for entry to the country. since you are already in the country, you merely adjusted status from F-1 to H-1B.

There shouldn't be any issue transferring.

Adjustment of Status from H-1B, Family-Based
07/26/2012 - 10/18/2012: 85 Days from Application Received to GC Received.
Removal of Conditions
07/22/2014 - 11/14/2014: 116 Days from Application Received to GC Received.
Naturalization
02/03/2016 - 05/31/2016 : 119 Days from Application Received to Oath Ceremony.

I am a United States citizen!

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a visa is only for entry to the country. since you are already in the country, you merely adjusted status from F-1 to H-1B.

There shouldn't be any issue transferring.

Problem is, I'm already H1 Status at company A as of Oct 1st 2012. I'm going to transfer to company B maybe less than 2 months.

That means I do not have 3 pay stubs from company A. I saved pay stubs since the first day I did OPT with company A. I have collected for a year. Will that work?

However, I will probably get 2 paystubs starting from Oct 1st, 2012 if I transfer to company B.

My point is, will you be able to transfer in just a month after the change of status?

Thanks in advance

Another Question, which documents do I need to show to the new employer during LCA process? i-797C and i-797A? Are they enough to tell company B that I'm legal to work in US?

Edited by hanabi
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I am not qualified to advise you on this. you should be contacting Employer B's lawyers. they can send in the new H-1 application before you even need to transfer.

Adjustment of Status from H-1B, Family-Based
07/26/2012 - 10/18/2012: 85 Days from Application Received to GC Received.
Removal of Conditions
07/22/2014 - 11/14/2014: 116 Days from Application Received to GC Received.
Naturalization
02/03/2016 - 05/31/2016 : 119 Days from Application Received to Oath Ceremony.

I am a United States citizen!

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