Transfer H1 from one contractor to another

#1
Hi,

I have been in US for a month now. I haven't got any project so far, so my contractor is not generating any payroll for this month.

I want to transfer to another contractor. Is it possible?

How difficult it is? What are the legal issues that I may face?

Thanks in Advance,
Rohan.
 

Rajiv S. Khanna

HOST, Immigration.Com
Staff member
#2
Rohan, this is an issue important enough for me to blog. So wait a few days. By the end of next week I should be able to get to it. If you are in a hurry, speak with our Staunton office to set up a call. Tell them Rajiv said there is no charge. Show them this post (they can have you email the link to them).

Bottomline, I think you will be fine. Start the transfer.
 
#4
Rajiv,

I have gone through different forums here to see if my question is answered, but unforunately I could not find one.

I had got my H1B stamping done in Aug 2007, which is valid till Aug 2010. Visa is sponsored by company X (which is a small consulting firm).

Company X is now hesitant to call me in US due to bad job market. But another company Y is offering me a job and they will transfer my visa on their name. I have never travelled to US before. Kindly suggest if I can transfer my visa from company X to company Y without being in US. I'm currently in India.

Thanks in advance.
 
#7
Hi Rajiv

Im in a similar situation. And I believe this is a MAJOR ISSUE THESE DAYS.

I did my masters from US. Now, I'm working with company X as a direct employee on internal project(not a consultant). I came to India and now my present employer(company X) is asking me to wait in India for some time, and they've not given me any particular deadline.

Considering they may not call me back, I'm trying to file H1 through a consulting firm(company Y).

I have 2 options-
1. Go to US, and apply for H1. In that case if an RFE comes in(almost everyone is getting an RFE these days), I don't have the recent pay stubs(for the last 2 months). If I don't have the paystubs it'll put my H1 transfer at risk.

2. I apply for h1b transfer from India itself. There are 2 cases here-
(a) H1 transfer gets accepted. Now, will there be any problem for me in getting H1 stamping as it'll be a consulting firm(company Y)? And after this will I be able to go to US on my present employer's H1(company X)
(b) Transfer gets rejected. After this would I be in the same position as I'm now or would it affect me in anyway? and would my present employer(company X) come to know that I applied for H1 transfer, as that'll put me in a tough situation. I've heard sometimes uscis calls up present employers to confirm employment.

Second case seems better to me, as I don't have the recent pay stubs. What do you think I should be doing in this situation?

Looking forward for your prompt response.


thanks
rohan
 

Rajiv S. Khanna

HOST, Immigration.Com
Staff member
#8
Rohan, talk to me. Send an email through the contact us form on immigration.com. Paste a link to this posting. They will arrange a call. No charge.
 

tb_docubit

Registered Users (C)
#9
By the end of next week I should be able to get to it. If you are in a hurry, speak with our Staunton office to set up a call. Tell them Rajiv said there is no charge. Show them this post (they can have you email the link to them).
 
#10
Employer is asking to sign a contract for 2 years

HI Rajiv,

I have h1b visa stamped last month. Now my employer has sent me a contract of two years.

It says that i have to work with this company for two years and if I leave in between i will have to pay $30,000 because they have spent on my hiring (H1b fees was paid by me), training(Which they are not going to give) and relocation(I will be paying for that).

They are not giving any relocation/lodging/boarding cost. Also, there few more hiding points in the agreement.

Below are my queries:

1. Is this contract valid in California?

2. I am still in India, can I transfer my H1b, if yes how long it will take?

Regards,
Bhavna
 
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