H1 transfered to Bad company.

B

babuji_24

Registered Users (C)
H1 transfered to Bad company-Need URGENT Help

I can to USA in Nov, 2001 and worked for company A on H1-B.
I got a good offer from company B and they transfered my H1-B and now it is valid till Nov, 2007.

I have not yet filled my GC from either company.

Company B is a consulting group and they do not pay employees on bench. I am on bench since 4 months. No salary and no salary slips. I am frustated and want to switch to another company.

Company C offered me job, but they cannot transfer my H1 as I do not have latest paystubs (salary slips). They checked with their lawyer and lawyer says, latest paystubs are required for H1 transfer.

I want to leave company B but I do not want to go back to India.

Please give me some advise and also throw some light on when and how should I apply for GC as my 6th year is approching.

Is there no way to transfer H1-B without paystubs ?
Should I stick with company B and wait for project and then leave ?
 
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babuji_24 said:
I can to USA in Nov, 2001 and worked for company A on H1-B.
I got a good offer from company B and they transfered my H1-B and now it is valid till Nov, 2007.

I have not yet filled my GC from either company.

Company B is a consulting group and they do not pay employees on bench. I am on bench since 4 months. No salary and no salary slips. I am frustated and want to switch to another company.

Company C offered me job, but they cannot transfer my H1 as I do not have latest paystubs (salary slips). They checked with their lawyer and lawyer says, latest paystubs are required for H1 transfer.

I want to leave company B but I do not want to go back to India.

Please give me some advise and also throw some light on when and how should I apply for GC as my 6th year is approching.

Is there no way to transfer H1-B without paystubs ?
Should I stick with company B and wait for project and then leave ?
Click to expand...

If you dont submit latest paystubs then USCIS might approve your I-797 without I-94 in which case you have to go for stamping before you start working for the new employer. Best way is to get a project ASAP, get 3 pay slips and apply for transfer. Make sure you also start your PERM application right now at new/old employer to qualify for extension beyond 6th year.
 
Thanks for the reply. Few more questions....

What are chances of H1 transfer denial without latest paystubs ? Company C does not want to transfer my H1 unless I have latest paystubs.
If my H1 is transfer to a new employer without paystubs, I may not get I-94. But, I have stamped visa (H1) which is valid till Nov' 06. So will I have to go for stamping or just for new I-94 ?

If I start PERM application with my current employer (B) and then when I join company C, what happens to my GC process ? And if suppose I do not apply for PERM now, when should I apply it or by latest what date should I apply with my new employer.....(My entry date in USA is Nov 01 2001 with only 2 months of paid vacation to India.)
 
babuji_24 said:
I can to USA in Nov, 2001 and worked for company A on H1-B.
I got a good offer from company B and they transfered my H1-B and now it is valid till Nov, 2007.

I have not yet filled my GC from either company.

Company B is a consulting group and they do not pay employees on bench. I am on bench since 4 months. No salary and no salary slips. I am frustated and want to switch to another company.

Company C offered me job, but they cannot transfer my H1 as I do not have latest paystubs (salary slips). They checked with their lawyer and lawyer says, latest paystubs are required for H1 transfer.

I want to leave company B but I do not want to go back to India.

Please give me some advise and also throw some light on when and how should I apply for GC as my 6th year is approching.

Is there no way to transfer H1-B without paystubs ?
Should I stick with company B and wait for project and then leave ?
Click to expand...

its illegal for an employer to not pay h1 people on bench period. send an email to them to pay all the backwages and warn them that if they dont comply then you will go to DOL. dont ever call them or respond in phone.

these kind of employers will be rewarded with minimum 2 years debarment from filing any future h1 or immigration petitions.

do not afraid. demand your rights. these frauds takes advantage of your legal status. dont worry. there are hundreds of laws to protect people like you.

if you dont mind send me a PM about the company information i will add to my growing lists and make sure they are debarred from immigration benefits.
 
I will definately do this so that my current employer does not do such things with other new consultants.

But before all that my original questions about GC are not answered.

Can someone please suggest me on this.........

Thanks in advance
 
employer holding original I-797

On similar note....I have my current pay stubs but my employer is not giving me my original I-797 I want to transfer to a different company but all I have is a photocopy. I believe only photocopies are required for transfer but the old original I-797 might be asked if I go for visa stamping with the I-797 from my future employer....what should I do...please help.

Thanks,

Gautam
 
babuji,

sorry to hear abt ur situation. are you ok now? have u got a company to transfer ur h1b. if not, i can refer you to some companies i know are more honest than wht ur experience has been.

vik
 
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