H1 Transfer to another company

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patience101

Registered Users (C)
Mr X came on H1 for a U.S based company. His visa is expiring Sept 2009. Now Mr X applied for a job since the current employer is underpaying him, Mr X has been offered a job in another company, but their condition is he should ask the current employer to transfer his H1, since his contract with his current employer finishes Jan 2009, but his visa expires only in Sept 2009. His current employer is asking him to start his GC process with him, with the intention he gets stuck forever. What is the best way of going about this. The new company needs him ASAP but does not want to start H1 process for him immediately.
 
Manwithnoname
Thank you so much for your reply. But the bottom line is it can be done, if I have got it correctly. So he continues working with the current employers visa, in a new company. Am I right. And what if the current employer finds out that he is working on his visa, can he cancel it? I am sure he would if he found out. Although this person is very upfront and does not want to go behind his back. He has already told him he is looking out for a new job. A very honest individual.
 
honest individuals can get screwed in american immigration system(with due respect to you). if you tell him you are going to transfer he can cancel your h1b before the transfer and you can imagine the consequences. some times just being forthright may not work.It is just the system that is faulty.

By the way your visa stamped in the passport does not belong to company A. it belongs to USCIS and when you get h1b transfered, that will be automatically tranfered to your new coy.so ignore that guy and get your H1b transfred first.
Good luck
 
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