H1 Transfer problem

S

srinivasch007

Registered Users (C)
Hi,
1> Presently i'm working for company A and wants to transfer my visa to company B. After transferring my visa to company B, if i don't want to join immediately to company B and want to work for some more time in company A itself. Is this possible? If it is possible how many months i can hold my H1 visa of Company B or Max after how many month i can joinvto company B?

2> Presently i'm working for company A and i had a bond in India with this company an amout of $9000. if i leave the company within 1year I should pay this amount to the company. If i break the bond and join to other company, do i really need to pay this amount. Please help me.

3> After i transfered my visa to company B from company A, and i don't join this company immediately and still i'm working with Company A only. During this period if i go to india and comeback will it create any problem in immigration or any where else. Please help me.
 
Answers below:
1. Suppose your H-1B transfer petition gets approved for employer B. This will override the previous visa and you become employed by company B. If you want to join employer B at a later date, the H-1B petition should indicate the anticipated start date appropriately.
2. No comments.
3. Do you plan to use the valid visa from employer A to return? In that case you are overriding the previous visa from employer B.
 
1. Previous answer was not entirely correct. You CAN work with Company A even if ur Company B visa is approved. You just cannot work for BOTH simultaneously which amounts to VISA Fraud. As long as ur Company A visa is not revoked - u can still work for it

2. Is the bond information on the offer letter/contract letter that has your signature on it? If yes, you MUST pay this amount, else your company can sue you for breach of contract - legal ramifications are pretty straightforward as there is a high degree of possibility u can lose the case. Please consult a lawyer as there is a substantial dollar amount in consideration here.

3. After transferring ur VISA, You can safely go to India and return on your old company's VISA - provided you have the approved I 797 petition with you(do NOT forget this else you might be turned away at port of entry). Also carry the offer letter(with letterhead et al) from your new company, along with the I797 as many port of entry officers demand proof of new employment.
 
Balrog1978 said:
1. Previous answer was not entirely correct. You CAN work with Company A even if ur Company B visa is approved. You just cannot work for BOTH simultaneously which amounts to VISA Fraud. As long as ur Company A visa is not revoked - u can still work for it

Thanks for your reply. So once my visa is transfered, is it upto me whenever i want to join i can join to employer B or else any rules and regulations will be there?

2. Is the bond information on the offer letter/contract letter that has your signature on it? If yes, you MUST pay this amount, else your company can sue you for breach of contract - legal ramifications are pretty straightforward as there is a high degree of possibility u can lose the case. Please consult a lawyer as there is a substantial dollar amount in consideration here.

3. After transferring ur VISA, You can safely go to India and return on your old company's VISA - provided you have the approved I 797 petition with you(do NOT forget this else you might be turned away at port of entry). Also carry the offer letter(with letterhead et al) from your new company, along with the I797 as many port of entry officers demand proof of new employment.
Click to expand...
Thanks for your reply.

Even if i don't join the new employer, still they ask for the proof of employment?
 
Who are "they" implied here? If you mean the port of entry officers, its up to you to answer that question when asked - he will ask you which company you work for. If you mention your old company - it's fine - But carry a vacation authorization letter from you HR just in case!

If you mention your new employer - he might ask you to show proof of employment- the offer letter IN ADDITION TO the 797!!

My suggestion is, if you haven't joined the the new firm - go with the former approach, since you're H1 status is legally bound to your current employer.

hope this helps.
 
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