H1 Transfer Issue (Urgent)

S

Snaju

New Member
Hi

I was in USA till 15th Feb’04 on H1B with co A and have the pay stub till 20th Feb’04. I have filed tax return for 2003 in USA. Currently I am in India with Co A and having H1B with Co A valid till April 2006. Now I want to join Co B for some urgent project in USA.

If I go to USA on Co A visa with out informing Co A and file H1B transfer after reaching USA and join Co B after receiving receipt.

1. Is that is legal to enter in USA with out informing my current Co A and file my transfer with Co B. After getting receipt, resign from Co A and join Co B?
2. What is the risk in that at the time of entry in USA and after joining the Co B.?
3. What is the risk, if every thing goes well with Co B and somebody sue me, I came to USA with work intention with different Co B on Co A visa with out informing Co A.?
4. Can Co B file my H1B transfer now as I am in India since last 20days??
5. If Co B file my new H1B, will I be in H1B Cap?

Pls do reply. Thanks in advance.
 
I was in USA till 15th Feb’04 on H1B with co A and have the pay stub till 20th Feb’04. I have filed tax return for 2003 in USA. Currently I am in India with Co A and having H1B with Co A valid till April 2006.
----- You can enter USA with company A Visa stamp
Now I want to join Co B for some urgent project in USA.
------once you reach USA work for 1-2 months with A then you can file H1 transfer through B, because for H1 transfer you need to have RECENT pay stubs from A
If I go to USA on Co A visa with out informing Co A and file H1B transfer after reaching USA and join Co B after receiving receipt.

1. Is that is legal to enter in USA with out informing my current Co A and file my transfer with Co B. After getting receipt, resign from Co A and join Co B?
---- you can enter with company A visa, once you are in US and have recent pay stubs from A file H1 transfer through B and the day you get H1 transfer filing receipt then join B

2. What is the risk in that at the time of entry in USA and after joining the Co B.?
---- I don’t see any risk for entry, just punch your H1B of A notice # on BCIS online status if they have not revoked the H1B petition for you
3. What is the risk, if every thing goes well with Co B and somebody sue me, I came to USA with work intention with different Co B on Co A visa with out informing Co A.?
------ that is not problem
4. Can Co B file my H1B transfer now as I am in India since last 20days??

------- Yes they can file if you provide them recent pay stubs, you need to ask this from company B or company b lawyer what documents he need from you for H1 transfer, you must inform him your latest pay stubs from company A
5. If Co B files my new H1B; will I be in H1B Cap?
---- I t seems that your New H1B will not be subject to cap if you are counted for H1b in last 6 years. Lawyer knows the answer. He should draft a letter to USCIS that you are not under Cap and provide the explanation


** best option reach US with company A visa work for few days with company A, get recent pay stubs and file H1 transfer and join company B, that is simple and much easier
 
Thanks for the same,

But i do not have any work with Co A in USA ....but I have the pay stub till 20 feb- 2004.....i.e.working with co A can I get transfer to Co B.......

Sanju
 
But I do not have any work with Co A in USA
--- Does it mean you don’t work with company A in USA? Then where are you at present? Working with which company?
....but I have the pay stub till 20 feb- 2004
--From which company?

.....i.e.working with co A can I get transfer to Co B.......

----- YES, if you work with company A in USA and company A generates your pay stubs in USA then you can transfer H1 with B with recent pay stubs from company A that are generated by A in USA

** you should post your situation from the fist H1 b till todayand provide full info to understand your situation.
 
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