H1B Transfer - Urgent help

vjy_vjy

Registered Users (C)
Hi,
I am wishing to join a new employer this month and I need to know certain details.

I am working for a consultant now and the company where I am working asked me to join as a permanent employee and I wish to join them.

But what is the procedures for the H1B transfer? When I apply for the transfer to the new company, can my old employer create any problems. But I have all the paystubs with me including the latest. I want the transfer as smooth as possible.

Will the INS people contact my old employeer to ask anything, i.e if its ok to let me go. Is it possible for my old employeer to know that I have applied for transfer and cancel my visa prior to the transfer approval.

I am thinking of telling him after I have applied for the transfer and got the number.

Please let me know about this as my new employer wants me to join them immediately.

Thanks for the help.
 
Hi,

I am in sort of a similar situation. This is what I know. The INS should not contact your employer. There should be no problem in transferring as long as the new company does the rquired paper work. You dont have to tell your present employer when you file for transfer. After the new company sends your papers in you will get a confirmation / number(not sure how many days to get that) and that is good for you to join work for your new company.

The approval will come later -- My question is in what cases can the H1 transfer be denied ?

Any ideas ?


vjy_vjy said:
Hi,
I am wishing to join a new employer this month and I need to know certain details.

I am working for a consultant now and the company where I am working asked me to join as a permanent employee and I wish to join them.

But what is the procedures for the H1B transfer? When I apply for the transfer to the new company, can my old employer create any problems. But I have all the paystubs with me including the latest. I want the transfer as smooth as possible.

Will the INS people contact my old employeer to ask anything, i.e if its ok to let me go. Is it possible for my old employeer to know that I have applied for transfer and cancel my visa prior to the transfer approval.

I am thinking of telling him after I have applied for the transfer and got the number.

Please let me know about this as my new employer wants me to join them immediately.

Thanks for the help.
 
Thanks for the reply.

As far I know and I checked with some of my friends, they told that the previous employer will not be notified and he will not know unless we tell him.

Even I want to know if there is any chance for denial. Since I dont want to take any chances till I get it transfered completely.

Any help appreciated.
 
vjy_vjy said:
Thanks for the reply.

As far I know and I checked with some of my friends, they told that the previous employer will not be notified and he will not know unless we tell him.

Even I want to know if there is any chance for denial. Since I dont want to take any chances till I get it transfered completely.

Any help appreciated.

there is no way your current employer could know about your h1 transfer unless you tell them. ofcourse the other possibility is if that new employer has any official or unofficial connection with your current employer. plus try to keep your h1 transfer confidential even from your coworkers.

your chance of h1 transfer denial is too less considering that you are maintaining your legal status and have latest paystubs. h1 transfer may be denied due to employer issues also. check in www.dol.gov (administrative law judge section) for any past conviction.

do not tell your current employer about h1 transfer until its approved even if you have good relationship with your current employer. eventhought you can switch to the new employer with h1 transfer receipt notice its always better for you to join new company after h1 transfer is approved.
 
saigc said:
there is no way your current employer could know about your h1 transfer unless you tell them. ofcourse the other possibility is if that new employer has any official or unofficial connection with your current employer. plus try to keep your h1 transfer confidential even from your coworkers.

your chance of h1 transfer denial is too less considering that you are maintaining your legal status and have latest paystubs. h1 transfer may be denied due to employer issues also. check in www.dol.gov (administrative law judge section) for any past conviction.

do not tell your current employer about h1 transfer until its approved even if you have good relationship with your current employer. eventhought you can switch to the new employer with h1 transfer receipt notice its always better for you to join new company after h1 transfer is approved.


Just a quick question - what if the new emplyer wants you to join ASAP. Is it ok to give notice to old employer without receipt number / approval. ??

To my best knowledge I can only start working for new employer once I have the receipt right ??
 
As far as I know, dont give any notice or any information to your old employer till you get the approval. Atleast you should wait till the confirmation number. I am still in the thinking phase, I will let you know about how things happen as soon as they happen.

Thanks
 
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