H1B Transfer-Urgent!!!

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vijay_081978

Registered Users (C)
Hi All,

I have a valid H1B visa which i got on Jan 3 2006 thru company 'X' in india. But company X was not ready to send me to the client place( Usa). I have not been to USA tillnow.But now a consulting company is USA is showing interest in me. They are asking me to travel on the same H1B visa and then they wud transfer the visa to thier company.

But i am wondering how an H1B transfer is possible without paystubs.

Please let me know whether transfer is possible in my case and the legalities involved.

Any further information is highly apprecaited.

Regards,
Vijay
 
Hi

Hi GotPR, Thanks very much for the reply. As i said I did not travel to USA till now and i am india. But consulting company 'Y' in USA
is asking me to travel on the same visa to USA and then they are saying once i am in the USA,they wud transfer the visa.

Please let me know is it possible? and if so,is it legal?
 
If H1 is approved with X, you can not use it to enter the US for employment with Y. If officer at POE asked you whether you are working for X(this is common question at POE), whichever Yes or No you answer, you'll be in trouble.
Company Y needs to file your H1 petition or you come to the US as X's employee, and transfer later to Y.
 
Thanks GotPR but i cud not understand your reply clearly. If officer at POE asks me whether you are working for X then i wud say yes. I dont think there wud be any problems if i say 'yes'. what do you say?

And once i clear the port of entry, i will go to "y' company and thay will apply for a transfer immediately. and once i get my reciept number then i will start working for them.

Also I cannot come thru company 'X' to US anymore because I resigned that company a month back and joined some other company in India. Please be informed that they said they will not cancel my visa.

Please let me know your valuable inputs.
 
What you are trying to do is illegal because you are not entering US with intent to work for Company X. If the POE officer doubts you, he may call Company X to verify your employment(I know of atleast one case where the POE officer called the company to check the LCA document attached to H1). And if they find out its not true, you would be detained and put on the next flight back to your home country.

If Company Y is really serious about offering you a job, they should file another H1. Also be advised that you cannot do H1 transfer without paystubs . USCIS will raise RFE (Request for evidence) for this case. Company Y sounds like a shoddy organization and is just putting you at risk.
 
Hi Catch_22,

Thanks a lot for your valuable thoughts. But the consulting compnay Y is sayinng for transferring the visa within the first 1 1/2 months, paystubs are not necessary and they are saying its legal.

Please let me know your valuable opinion.
 
vijay_081978 said:
Hi Catch_22,

Thanks a lot for your valuable thoughts. But the consulting compnay Y is sayinng for transferring the visa within the first 1 1/2 months, paystubs are not necessary and they are saying its legal.

Please let me know your valuable opinion.
Click to expand...
Whether pay stub is necessary or not is up to CIS's decision, so we can not
say it is not required if it's first 1 & 1/2 months.
Pay stub is necessary to prove you were in status(i mean hired by H1 company and paid regularly) and if they suspect you were not in status, you will get H1 approval without I94, which means you need to travel and needs to get stamp. Above is senario that you enter the US as X's employee. As other post mentioned, it is illegal and the worst thing to do with immigration is lying. I do not recommend that.

The best is you rejoin company X.
 
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hello all,

If anybody has any other information or in the same situation or have gone to US in the same situation then please let me know.

Its very very urgent. Your thoughts are highly appreciated.
 
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