Transfer H1 from one contractor to another

**rohanpod** · 30th January 2009, 08:26 AM

Hi,

I have been in US for a month now. I haven't got any project so far, so my contractor is not generating any payroll for this month.

I want to transfer to another contractor. Is it possible?

How difficult it is? What are the legal issues that I may face?

Thanks in Advance,
Rohan.

**Rajiv S. Khanna** · 30th January 2009, 10:40 AM

Rohan, this is an issue important enough for me to blog. So wait a few days. By the end of next week I should be able to get to it. If you are in a hurry, speak with our Staunton office to set up a call. Tell them Rajiv said there is no charge. Show them this post (they can have you email the link to them).

Bottomline, I think you will be fine. Start the transfer.

**rohanpod** · 30th January 2009, 11:19 AM

Hi Rajiv,

Thanks for your reply.

I can wait for a week for your complete information on it.

Thanks again,
Regards,
Rohan.

**sbkalgi** · 20th March 2009, 08:17 PM

Rajiv,

I have gone through different forums here to see if my question is answered, but unforunately I could not find one.

I had got my H1B stamping done in Aug 2007, which is valid till Aug 2010. Visa is sponsored by company X (which is a small consulting firm).

Company X is now hesitant to call me in US due to bad job market. But another company Y is offering me a job and they will transfer my visa on their name. I have never travelled to US before. Kindly suggest if I can transfer my visa from company X to company Y without being in US. I'm currently in India.

Thanks in advance.

**Rajiv S. Khanna** · 21st March 2009, 05:47 AM

No problem. Y can take you on (without any quota issue) even though you have never worked for X or traveled to USA. Good luck!

**sbkalgi** · 22nd March 2009, 12:51 AM

Rajiv,

I'm thankful to you for your time and advice.

Thanks and regards,
Sanganbaswa Kalgi

**h1bstatus** · 29th January 2010, 09:42 PM

Hi Rajiv

Im in a similar situation. And I believe this is a MAJOR ISSUE THESE DAYS.

I did my masters from US. Now, I'm working with company X as a direct employee on internal project(not a consultant). I came to India and now my present employer(company X) is asking me to wait in India for some time, and they've not given me any particular deadline.

Considering they may not call me back, I'm trying to file H1 through a consulting firm(company Y).

I have 2 options-
1. Go to US, and apply for H1. In that case if an RFE comes in(almost everyone is getting an RFE these days), I don't have the recent pay stubs(for the last 2 months). If I don't have the paystubs it'll put my H1 transfer at risk.

2. I apply for h1b transfer from India itself. There are 2 cases here-
(a) H1 transfer gets accepted. Now, will there be any problem for me in getting H1 stamping as it'll be a consulting firm(company Y)? And after this will I be able to go to US on my present employer's H1(company X)
(b) Transfer gets rejected. After this would I be in the same position as I'm now or would it affect me in anyway? and would my present employer(company X) come to know that I applied for H1 transfer, as that'll put me in a tough situation. I've heard sometimes uscis calls up present employers to confirm employment.

Second case seems better to me, as I don't have the recent pay stubs. What do you think I should be doing in this situation?

Looking forward for your prompt response.

thanks
rohan

**Rajiv S. Khanna** · 31st January 2010, 01:42 PM

Rohan, talk to me. Send an email through the contact us form on immigration.com. Paste a link to this posting. They will arrange a call. No charge.

**tb_docubit** · 7th October 2010, 01:45 AM

By the end of next week I should be able to get to it. If you are in a hurry, speak with our Staunton office to set up a call. Tell them Rajiv said there is no charge. Show them this post (they can have you email the link to them).