H1 Transfer Questions

holder

New Member
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
 
holder said:
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.
------ Company B may not be able to get H1 transfer(as you dont have paystubs) but USCIS may approve H1B without I-94 attached and then you need to go out get H1visa then enter US.
**** at this time best option for you is that you remain with company A and let the company B pay to A so that A generates -3-4 pay stub for you, once you have pay stubs move to B and file H1 transfer through B.
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,
**does it mean that you were not married when got H4 for her????? becase you wrote that she got H4 stamp with you earlier

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
 
Two Types of Marriage - Please answer other questions. Thanks

Hello ginnu,

In my home country there is a marriage under the government laws, and the other is a religious marriage.

I was married to my wife under the country's government law on oct/04 (This is the marriage that the US consulate requires in order to issue the H4 visa).

But I need to get married under religious laws. This is the marriage I plan to get approx. 6 months after I start making money as consultant.

I hope this makes clear your doubt.

I read on this forum about someone who got his H1 transfer without pay stubs, but with a employment letter from his first employer. I have the employment letter. I hope that could help.

By the way, this is the first time I try to do this (H1 transfer). Usually the 1st. employer cooperates with the H1 transfer of one of their consultants to another company? Or they makes things harder?


Thank you,

Holder
 
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