Q: My H1B is approved through current company but hours got reduced. What are my options to transfer if I have a new offer?
I applied H1B through my current company and is now approved. But soon after, they reduced my hours due to company reasons. Which means i don't have full paychecks that they had initially mentioned on my H1B form. (But I am still employed)
I have now received offer from a new company (full time hourly basis) that I am willing to take. What are my options in terms of transfer? Since doing any transfer before October is not preferred, what are my options after October but cannot provide 2 full paychecks from the current company?
Also, can I apply for a second H1B before October with the new company?
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A:
If your H1B was approved through your current company but your hours and pay have been reduced, you can still transfer to a new employer after October. You don't necessarily need two full paychecks to apply for a transfer, but having proof of employment and any pay received could help your case. It's important to provide as much evidence as possible of your current employment status when transferring.
For your new offer, your new employer can file an H1B transfer petition on your behalf after October. Even if your paychecks aren't full due to reduced hours, as long as you have maintained your status with your current employer, the transfer should still be possible. Your new employer will need to file an LCA (Labor Condition Application) with accurate details for your new position.
Applying for a second H1B before October isn't possible, as your H1B cap is already counted for the fiscal year. The transfer process should be handled carefully, so consider consulting with an immigration attorney to guide you through the specific steps to ensure your transition goes smoothly.
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