H1B transfer and right to hire

[amohale]

hello,

I have a fresh H1B visa (2009 quota).I recently got a job with Company A for a CTH (Contract to Hire or right to hire) position. But my employer is not ready to sign the agreement with the client. He says he would do only corp to Corp type of contract. He is not letting me work with any of the companies which have a clause of C2H. I'm not having any paychecks so that I can transfer my H1B.I would like to know how risky it is to transfer my h1B without any paychecks.Or is there a way I can join Company A?It is necessary for a H1B applicant to stay with his employer for atleast 6 months before transferring the H1B?



Any help is appreciated.



Thanks!!

 

[ginnu]

hello,

I have a fresh H1B visa (2009 quota).I recently got a job with Company A for a CTH (Contract to Hire or right to hire) position. But my employer is not ready to sign the agreement with the client. He says he would do only corp to Corp type of contract.
---------employer does not seem to be wrong as he paid the fee and lawyer fee for your H1.
He is not letting me work with any of the companies which have a clause of C2H.
I'm not having any paychecks so that I can transfer my H1B.
----------------------You need 2-3 latest Pay stubs.
I would like to know how risky it is to transfer my h1B without any paychecks.
------will be denied. you are out of status as you have not worked on H1 and have not got paid by employer.
Or is there a way I can join Company A?It is necessary for a H1B applicant to stay with his employer for atleast 6 months before transferring the H1B?
-------------------work 3-4 months get pay stubs then let new employer file H1 transfer(no need to inform present employer that new employer has filed H1 transfer) Once H1 transfer gets APPROVED then join new employer.


Any help is appreciated.



Thanks!!

-------------- USCIS is after consulting companies and many get H1 transfer denied. go for good company who has job for you.

 

[amohale]

Transferring because of unstable company

Thanks for your response ginnu.

Well I understand he has paid for my H1 and I am looking at a CTH project with 1+ year of duration. That is long enough for him to extract his investment into me.

Anyway, to the topic. The reason why I want to transfer my H1 is exactly what you mentioned. USCIS has been scrutinizing Desi employers and specially this employer I am working with is a small time shop which has higher vulnerability to fall into USCIS's radar. They do not have a long standing and do not do business as cleanly as some of the other companies do. I am trying to transfer to a better, stable employer even though they pay less.

Do yo know how many paychecks can USCIS ask for like last 6 months, 2 months, two fortnight paychecks (1 month)?

On the contrary, I know of someone who got a fresh H1 and left his employer, joined a big services company based out of NY without any paychecks and didn't have a problem. I guess the difference for him was that because he was transferring to a company which has been in business for a long long time and have been doing legit business.
Thanks again!

 

[ginnu]

Thanks for your response ginnu.

Well I understand he has paid for my H1 and I am looking at a CTH project with 1+ year of duration. That is long enough for him to extract his investment into me.

Anyway, to the topic. The reason why I want to transfer my H1 is exactly what you mentioned. USCIS has been scrutinizing Desi employers and specially this employer I am working with is a small time shop which has higher vulnerability to fall into USCIS's radar. They do not have a long standing and do not do business as cleanly as some of the other companies do. I am trying to transfer to a better, stable employer even though they pay less.

Do yo know how many paychecks can USCIS ask for like last 6 months, 2 months, two fortnight paychecks (1 month)?
------2-3 latest pay stubs.
On the contrary, I know of someone who got a fresh H1 and left his employer, joined a big services company based out of NY without any paychecks and didn't have a problem. I guess the difference for him was that because he was transferring to a company which has been in business for a long long time and have been doing legit business.
------------------ talk to your new company lawyer for more info and dont join before they get H1 approval notice.

Thanks again!

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