Fresh H1,want to change the employer

R

ron221

Registered Users (C)
Hi Guys,

I recently got an approval for H1 which started on Oct 4th... For some reason my employer said there are some delays with the project start date..I was supposed to start in mid of October.... Suppose I get a full time position with another company...is there anyway that I can transfer my h1??
Or do I have to complete my first project with my present employer and then try and find new employment??

Since my project hasn't started yet will that create any problems? Because I know that when you are on an H1 your payroll need to be running and you should have your pay stubs...

Any help will be much appreciated.

Thank You.
 
ron221 said:
Hi Guys,

I recently got an approval for H1 which started on Oct 4th... For some reason my employer said there are some delays with the project start date..I was supposed to start in mid of October.... Suppose I get a full time position with another company...is there anyway that I can transfer my h1??

----Where are you at this time? USA or out of USA? if Reached US on H1 status and employer does not have job??? Explain the situation.

Or do I have to complete my first project with my present employer and then try and find new employment??

Since my project hasn't started yet will that create any problems? Because I know that when you are on an H1 your payroll need to be running and you should have your pay stubs...
----------- if you came to US on H1 and employer does not have job and does not pay you it makes you out of status.
Any help will be much appreciated.

Thank You.
Click to expand...
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Hi Ginnu,

Thank you for your reply...

I am in the US itself...and my COS was approved within the US .... I haven't let the country or anything like that...
There were some issues with the project and that's the reason I am waiting to get on to another project...
Does that make me out of status??
 
ron221 said:
Hi Ginnu,

Thank you for your reply...

I am in the US itself...and my COS was approved within the US .... I haven't let the country or anything like that...
There were some issues with the project and that's the reason I am waiting to get on to another project...
Does that make me out of status??
Click to expand...

Yes, it does. If you don't receive salary from the H1 petitioner employer, while being in the US - you're out of status.
 
ron221 said:
Hi Ginnu,

Thank you for your reply...

I am in the US itself...and my COS was approved within the US .... I haven't let the country or anything like that...
There were some issues with the project and that's the reason I am waiting to get on to another project...
Does that make me out of status??
Click to expand...

Project or no project Employer must pay you. Employer not paying you makes you out of status. Employer did not write to USCIS that he will pay if he gets Project (if he would have written that then no H1 will be approved).
 
Changing employers on the H1B visa with portability provision can be achieved but you want to ensure that you have the appropriate documents when you do it. If your current employer is not paying you that does violate a lot of things but of course if you do go out of status then you have to leave the US so handle situation with care.
Good Luck,
Cj
 
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