H1B Visa Transfer

[paddys25]

Hi All,

I am in the USA on H1 visa since June 2008. My employer has been unable to find me any projects and has not paid me until now which means that I do not have any pay stub.

I have now received an offer from an Indian company in the USA that is willing to do an H1 transfer for me and absorb me as their employee.

1. Can my present employer stop me in any way?
2. Will I fail any background verification because I am not in his payroll?
3. What are the problems that I should anticipate in this situation?
4. What all are the most important document to be submitted to my new Indian Employer?

Your response is much appreciated.

Thanks
Padma Suresh

 

[ginnu]

Hi All,

I am in the USA on H1 visa since June 2008. My employer has been unable to find me any projects and has not paid me until now which means that I do not have any pay stub.
----------------------Your employer violated H1 law/regulation and you are out of status. File complaint with DOL and they will recover your wages.

I have now received an offer from an Indian company in the USA that is willing to do an H1 transfer for me and absorb me as their employee.

1. Can my present employer stop me in any way?
-----------------------------------NO
2. Will I fail any background verification because I am not in his payroll?
-------------------------YES, you are out of status
3. What are the problems that I should anticipate in this situation?
------------------------your H1 transfer may not be approved with I-94. if you attach the copy of your Complaint that you filed against your present H1 holder employer with DOL then they may approve.
4. What all are the most important document to be submitted to my new Indian Employer?
-----------------dont write Indian employer. He/she is Company and US based company. they will give you list of documents and update new company lawyer or new employer that you dont have pay stubs.


Your response is much appreciated.

Thanks
Padma Suresh

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