H1-B , B-1 issue

asr1979

New Member
Can some one please suggest a legal way to work under the following situation?
My H1 expired oct1.

I applied for a B-1 visa 2 days before my visa expired.

Is there any way I can extend my prevoius H1 if my previous employer is willing to extend it now?

Or is there any other way I can work for any company with any visa other than H1? Like L1 etc..

Thank you
sa.
 
NO b1 possible

asr1979 said:
Can some one please suggest a legal way to work under the following situation?
My H1 expired oct1.

I applied for a B-1 visa 2 days before my visa expired.

Is there any way I can extend my prevoius H1 if my previous employer is willing to extend it now?

Or is there any other way I can work for any company with any visa other than H1? Like L1 etc..
HOW CAN YOU TRANSFER FROM H1 TO B VISA? WHO GAVE THIS IDEA?Thank you
sa.
 
Great Guru..pls help..

:confused: :(
Hi Great Guru,
I am H1b visa holder.Company A sponsored me for a h1b visa. I got my Visa stamping done. I am yet to resign my current employer and still did not move to US . In the mean while i came to know that Company A is not a right match for me and I started searching my own job at US and I found one at company B. I ,also,conveyed them that I would be reimbursing the expenses incurred by company B towards my spopnsorship so that they will not be losing any amount.
Now Company A is looking to force me to work with them atleast for an year at the minimum (else case they are threating to cancel the sponsored h1b visa ) and i dont want to go with them because I searched my own job at US at company B..now am looking to join my company B only. A new h1b visa , if applied by company B , again takes more than 3 months to get processed which would totally nullify the purpose of company B employing me. Would it be possible to transfer the h1b visa sponsored by company A with out their knowledge so that they will not hamper my steps ?
what are steps involved to transfer this h1b visa to company B from company A?

If this companyA-sponsored-h1b is not transferrable to company B in the above scenario,
then are there any possibilities to get this H1b converted to L1 visa and get company B sponsor my new h1b petition?

Thanks in advance ,
RJ
 
RJpro said:
:confused: :(
Hi Great Guru,
I am H1b visa holder.Company A sponsored me for a h1b visa. I got my Visa stamping done. I am yet to resign my current employer and still did not move to US . In the mean while i came to know that Company A is not a right match for me and I started searching my own job at US and I found one at company B. I ,also,conveyed them that I would be reimbursing the expenses incurred by company B towards my spopnsorship so that they will not be losing any amount.
Now Company A is looking to force me to work with them atleast for an year at the minimum ( Nobody can force you, you are not yet in US. ) (else case they are threating to cancel the sponsored h1b visa ) and i dont want to go with them because I searched my own job at US at company B..now am looking to join my company B only. A new h1b visa , if applied by company B , again takes more than 3 months to get processed which would totally nullify the purpose of company B employing me. (Premium process will take just 7 dyas only ) Would it be possible to transfer the h1b visa sponsored by company A with out their knowledge so that they will not hamper my steps ? Yes. As soon as you reach US , go to company B with your I 94 ask them to apply H1 transfer by premium process. what are steps involved to transfer this h1b visa to company B from company A?

If this companyA-sponsored-h1b is not transferrable to company B in the above scenario, (All the h1 s are transferable. Take this scenario, if you come to US company A and they fire you 2 nd day what will you do???)then are there any possibilities to get this H1b converted to L1 visa and get company B sponsor my new h1b petition?

You are not eligible for L1. L1 is an intracompany transfer, if your present Indian company have branch in US, they can apply L1 instead of h1 for you.
Thanks in advance ,
RJ[/QUOTE
 
Rj

great guru said:
RJpro said:
:confused: :(
RJ:Hi Great Guru,Thanks a lot for boosting up my spirits. :)
I am H1b visa holder.Company A sponsored me for a h1b visa. I got my Visa stamping done. I am yet to resign my current employer and still did not move to US . In the mean while i came to know that Company A is not a right match for me and I started searching my own job at US and I found one at company B. I ,also,conveyed them that I would be reimbursing the expenses incurred by company B towards my spopnsorship so that they will not be losing any amount.
Now Company A is looking to force me to work with them atleast for an year at the minimum ( Nobody can force you, you are not yet in US. ) (else case they are threating to cancel the sponsored h1b visa ) and i dont want to go with them because I searched my own job at US at company B..now am looking to join my company B only. A new h1b visa , if applied by company B , again takes more than 3 months to get processed which would totally nullify the purpose of company B employing me. (Premium process will take just 7 dyas only ) Would it be possible to transfer the h1b visa sponsored by company A with out their knowledge so that they will not hamper my steps ? Yes. As soon as you reach US , go to company B with your I 94 ask them to apply H1 transfer by premium process. what are steps involved to transfer this h1b visa to company B from company A?

If this companyA-sponsored-h1b is not transferrable to company B in the above scenario, (All the h1 s are transferable. Take this scenario, if you come to US company A and they fire you 2 nd day what will you do???)then are there any possibilities to get this H1b converted to L1 visa and get company B sponsor my new h1b petition?
RJ:If having
a) a social security ID and
b) 3 pays tubs from previous employerr are mandatory
for a h1b transfer, then in my case, I don't have both of them because I have neither started working for company A nor have I applied for social security Id just because am still not yet moved to US. In such a scenario, could you please suggest or advise on how to proceed for a h1b transfer with out the above? First of all will they be demanded by USCIS for a h1b transfer application? If yes, then do I need to submit any thing equivalent to those for getting them convinced that I have not yet started my job with employerr A, but I am looking to join employer B?

You are not eligible for L1. L1 is an intracompany transfer, if your present Indian company have branch in US,(RJ: Yes, they have one at US) they can apply L1 instead of h1 for you.

(RJ:Whether cancelling my existing h1b and go on an L1 visa is advisable when compared with going on a transferred-H1b? I mean am looking also at that employee-benefits and salary etc. things so that my employer doesn't get a chance of "dat's all ..this fella is sealed for us now on an L1 visa and cannot escape from us" thought.) To my knowledge, having H1b has got more options than an L1. But please correct me if am wrong for am basing this career decision on your feedback.


Thanks in advance ,
RJ[/QUOTE
 
Last edited by a moderator:
RJ:If having
a) a social security ID and
b) 3 pays tubs from previous employerr are mandatory
for a h1b transfer, then in my case, I don't have both of them because I have neither started working for company A nor have I applied for social security Id just because am still not yet moved to US. In such a scenario, could you please suggest or advise on how to proceed for a h1b transfer with out the above? First of all will they be demanded by USCIS for a h1b transfer application? If yes, then do I need to submit any thing equivalent to those for getting them convinced that I have not yet started my job with employerr A, but I am looking to join employer B?
For your case, if you are confident of Company B sponsering you, ask them to start the paper work ready. Come to US, you will get your I 94, and apply SSN. Ask Company B to file Premimum process within one week of arrival to US. here you no need of pay stub, but your Company B attorney have to put a reason why you are not having pay stub (Company A does not have job opportunity etc). This will work. Here time is essence. L1 is, now a days lot of scrutiny.
You are not eligible for L1. L1 is an intracompany transfer, if your present Indian company have branch in US,(RJ: Yes, they have one at US) they can apply L1 instead of h1 for you.

(RJ:Whether cancelling my existing h1b and go on an L1 visa is advisable when compared with going on a transferred-H1b? I mean am looking also at that employee-benefits and salary etc. things so that my employer doesn't get a chance of "dat's all ..this fella is sealed for us now on an L1 visa and cannot escape from us" thought.) To my knowledge, having H1b has got more options than an L1. But please correct me if am wrong for am basing this career decision on your feedback.
 
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