H1B hot soup - please pull me out

B

bangaloreboy

New Member
Hi guys

Have an H1B related problem - would really appreciate some help:

All this is based in the US itself:

i have recently got an offer from a company X and am ready to submit my visa related documents to them for transfer of H1B. I am currently working for Y. Prior to Y i worked with Z for about 4 months.

I cannot tell X that I worked for Z due to certain non-compete issues. If X comes to know I worked for Z, they will withdraw the offer.

Now I have 2 options:

submit all docs as if i never worked for Z. INS may or may not come back with questions - my friend believes this is the best option as he feels i have a valid h1b right now, and have been working for 12 months with the same company - Y

other option is to disclose truth since the papers will be going to the attorney and there is a chance that HR department wont even notice. risk is that if they notice it, i am screwed.

these are my only 2 options and i know both are risky - but which one would you suggest, if you had to pick one...

much thanks!!! please, please, please help!!!
 
bangaloreboy said:
Hi guys

Have an H1B related problem - would really appreciate some help:

All this is based in the US itself:

i have recently got an offer from a company X and am ready to submit my visa related documents to them for transfer of H1B. I am currently working for Y. Prior to Y i worked with Z for about 4 months.

I cannot tell X that I worked for Z due to certain non-compete issues. If X comes to know I worked for Z, they will withdraw the offer.

Now I have 2 options:

submit all docs as if i never worked for Z. INS may or may not come back with questions - my friend believes this is the best option as he feels i have a valid h1b right now, and have been working for 12 months with the same company - Y

other option is to disclose truth since the papers will be going to the attorney and there is a chance that HR department wont even notice. risk is that if they notice it, i am screwed.

these are my only 2 options and i know both are risky - but which one would you suggest, if you had to pick one...

much thanks!!! please, please, please help!!!
Click to expand...

You have only one option that is "Honesty".

Per new h1 application form, you have to give details for your perevious H1 details upto 6 years, so you can not hide anything here.
 
i appreciate your answer - great guru - but honestly that is not necessarily true.

a friend of mine, was working for company A, when he applied to company B. he was immediately laid off from A, and B was taking very long to respond to his application, so he started working for company C. after 3 months when B finally gave him an offer, he did not disclose anything about C to them. and B's visa application also did not have any mention of C although he had a valid visa with company C, so to that extent i disagree...

but all this happened last year, so maybe things have changed since then...

anyway thanks for your response...
 
If X and Z have non-compete issue, you had better avoid to join X.
It's not just your H1 issue. It may cause bigger problems when X
come to know you worked for Z, or Z happens to know you are working
at X.
 
Last edited by a moderator:
bangaloreboy said:
i appreciate your answer - great guru - but honestly that is not necessarily true.

a friend of mine, was working for company A, when he applied to company B. he was immediately laid off from A, and B was taking very long to respond to his application, so he started working for company C. after 3 months when B finally gave him an offer, he did not disclose anything about C to them. and B's visa application also did not have any mention of C although he had a valid visa with company C, so to that extent i disagree...

but all this happened last year, so maybe things have changed since then...

anyway thanks for your response...
Click to expand...

I am talking about only after Apr 2005, before that you can hide all of your past H1 .
 
great guru - what happened after Apr '05. did something specifically change? also if the change is recent, do you think i may get away or is it too risky?

i appreciate your help
 
when I can I do h1 transfer !

Great Guru ..I got my h1 approvel 2 day ago. when can I apply for my H1b transfer...cas I have a better offer in hand.
 
After Apr 2005 H1 application form format changed

bangaloreboy said:
great guru - what happened after Apr '05. did something specifically change? also if the change is recent, do you think i may get away or is it too risky?

i appreciate your help
Click to expand...
Apr 2005, the H1 application format has changed. Previously you no need to give your H1 history, but now you have to list all of your H1 /H4 petition with references for atleast past 6 years. So that they can calculate your 6 years eligibility. So you have to disclose all the previous H1 details in the application form. Ofcourse your employer is going to see it, while signing the application.

Failing to provide any of the H1 details. result in H1 denial. INS can easily check/verify your petition details (H1 history from their system) to verify your information provided in the application form is corrrect.

You are at fault even not furnishing correct info to INS. (willingly or unwillingly)
 
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