Hello Guys,
I got my H1 in Oct/04 on Company A, and since that month, I have been on the bench. Now, company B is offering me an H1 transfer, to get involved in a very long term project. I told company B that I didn't have pay slips since I never got in a project. They (company B) told me that this wouldn't be a problem.
I got married on october/04 and my wife and I got stamped our h1 and H4 visas, but my wife didn't come with me to the US., because I first had to make some money with a project, go to my country, then marry her by church, and after that, we would come to the US.
After start working with the company B, I plan now to work around 6 months with this long term project, ask then a few days off, go to my home country, marry my wife by church, and come with her to the US to go back to work in the project.
Questions:
- If I transfer my visa to company B, my wife and I have to go to the US consulate to get a new visa stamped with the new company B name on it? I think I read that this was not necessary, and I could keep the same visa (sticker) in my passport.
- What should I receive (documents) from the USCIS when the H1 transfer is completed?
- How long does it take an H1 transfer? Since I can start working with only the receipt of the H1 transfer from the USCIS, is worth paying premium processing?
- I signed a contract with company A, where I "supposedly" would have to pay $10.000 if I cancel the contract before 2 years. I have read in another messages in the forum, that this is illegal and that company shouldn't have written this in the contract. This is true? Is there a way to avoid this payment.
- Since I've been on the bench for more that 3 months, and company A couldn't get me in a project since then, this could be a good reason to fight against paying the $10.000?
- I read on the forum that I could send a letter (or something like a complaint) to the USCIS or DOL, stating that my employer was unable to get me in a project, and that I have been on bench 3 months. Supposedly, the employer could get a punish (not being able to sponsor anybody for 1 or 2 years), and even a fine. This could me dangerous or risky to me?
- I had $2000 when I came to the US. I opened a bank account in oct/04 with the money. Tax season is coming. Since I haven't received no income from oct/04 until now, do I have to make a tax return? Do I have to fill-up tax forms?
- Being on the bench can cause me problems with USCIS or DOL, or even IRS?
I read that maybe some government agency could verify if I received at least the prevailing wage.
- Before or After the H1 transfer, Is there some way where I could force company A to pay me the bench time?
- Once company B submits the H1 transfer, and I get the H1 transfer receipt (approx. 10 later), in that moment, there is nothing that company A can do against me through USCIS? (Like, sending a letter to the USCIS cancelling my visa).
- Based on my situation, there is something that could jeopardize my future Green Card processing?
Since I've been on the bench for 3 months!, I am desperate to solve this asap. Any advice would be helpful and much appreciated.
Thank you so much.
Holder
I got my H1 in Oct/04 on Company A, and since that month, I have been on the bench. Now, company B is offering me an H1 transfer, to get involved in a very long term project. I told company B that I didn't have pay slips since I never got in a project. They (company B) told me that this wouldn't be a problem.
I got married on october/04 and my wife and I got stamped our h1 and H4 visas, but my wife didn't come with me to the US., because I first had to make some money with a project, go to my country, then marry her by church, and after that, we would come to the US.
After start working with the company B, I plan now to work around 6 months with this long term project, ask then a few days off, go to my home country, marry my wife by church, and come with her to the US to go back to work in the project.
Questions:
- If I transfer my visa to company B, my wife and I have to go to the US consulate to get a new visa stamped with the new company B name on it? I think I read that this was not necessary, and I could keep the same visa (sticker) in my passport.
- What should I receive (documents) from the USCIS when the H1 transfer is completed?
- How long does it take an H1 transfer? Since I can start working with only the receipt of the H1 transfer from the USCIS, is worth paying premium processing?
- I signed a contract with company A, where I "supposedly" would have to pay $10.000 if I cancel the contract before 2 years. I have read in another messages in the forum, that this is illegal and that company shouldn't have written this in the contract. This is true? Is there a way to avoid this payment.
- Since I've been on the bench for more that 3 months, and company A couldn't get me in a project since then, this could be a good reason to fight against paying the $10.000?
- I read on the forum that I could send a letter (or something like a complaint) to the USCIS or DOL, stating that my employer was unable to get me in a project, and that I have been on bench 3 months. Supposedly, the employer could get a punish (not being able to sponsor anybody for 1 or 2 years), and even a fine. This could me dangerous or risky to me?
- I had $2000 when I came to the US. I opened a bank account in oct/04 with the money. Tax season is coming. Since I haven't received no income from oct/04 until now, do I have to make a tax return? Do I have to fill-up tax forms?
- Being on the bench can cause me problems with USCIS or DOL, or even IRS?
I read that maybe some government agency could verify if I received at least the prevailing wage.
- Before or After the H1 transfer, Is there some way where I could force company A to pay me the bench time?
- Once company B submits the H1 transfer, and I get the H1 transfer receipt (approx. 10 later), in that moment, there is nothing that company A can do against me through USCIS? (Like, sending a letter to the USCIS cancelling my visa).
- Based on my situation, there is something that could jeopardize my future Green Card processing?
Since I've been on the bench for 3 months!, I am desperate to solve this asap. Any advice would be helpful and much appreciated.
Thank you so much.
Holder