Urgent info required regarding H1B transfer.

[Vijay.kiran]

I am deputed from Indian division to US on a short term and my term is due by April month, so my company(A) is asking me to go back to India, But I was willing to stay back and search for another job over here, so i found a consulting company(B) who agreed to transfer my Visa and place me in some other company, Company B applied for a transfer of my H1B visa and was successful.

I happen to move out from my company A on May 13 2005, Starting from then till today Company B could not get me any projects, Hence I started looking out for myself in meantime. Now I have a project, however this is through another company (C) who is not willing to outsource this project and wants me to join him directly. Now Company (C) has also applied for the transfer of H1B from Company (A).

I happen to check the status of the petition paper of Company (A) which is still valid, But the problem is I don’t have any US paystubs however I have equivalent Indian pay stubs, when I asked my company(A) for paystubs, they said that I am under the payroll of mother(Indian) division and US division only adds allowance to it and give it to me, which is taxable, I have filed tax returns for Nov-Dec 2004 and I have the W-2 copies, and I have bank statement which says that I am getting money from my company.

In addition to above I also do not have the pay stub of May month, however I do have the final setllement document issued to me by company(A) which indicates that I have been working with them for 13 days in May 2005.

My Questions are:
----------------

1. Since company C has applied for my visa transfer, when can I Join Company C ?.

2. Will my visa get transferred successfully without any problems to Company C, As the H1B transfer is being filed from Company A to Company C nearing to a month after I have left company A ?

I happen to check the status of the petition paper of Company (A) which is still valid.

Please note that I have not started working with Company (B) or Company (C) afer I have left Company (A).

Looking forward for immideate response, Please help me...

 

[great guru]

I am deputed from Indian division to US on a short term and my term is due by April month, so my company(A) is asking me to go back to India, But I was willing to stay back and search for another job over here, so i found a consulting company(B) who agreed to transfer my Visa and place me in some other company, Company B applied for a transfer of my H1B visa and was successful.

I happen to move out from my company A on May 13 2005, Starting from then till today Company B could not get me any projects, Hence I started looking out for myself in meantime. Now I have a project, however this is through another company (C) who is not willing to outsource this project and wants me to join him directly. Now Company (C) has also applied for the transfer of H1B from Company (A).

I happen to check the status of the petition paper of Company (A) which is still valid, But the problem is I don’t have any US paystubs however I have equivalent Indian pay stubs, when I asked my company(A) for paystubs, they said that I am under the payroll of mother(Indian) division and US division only adds allowance to it and give it to me, which is taxable, I have filed tax returns for Nov-Dec 2004 and I have the W-2 copies, and I have bank statement which says that I am getting money from my company.

In addition to above I also do not have the pay stub of May month, however I do have the final setllement document issued to me by company(A) which indicates that I have been working with them for 13 days in May 2005.

My Questions are:
----------------

1. Since company C has applied for my visa transfer, when can I Join Company C ?.
I think your case join as soon as you got approval. If C is insist on joining you immediately then you can ask them to change the H1 transfer petition to premimum one so that you will get result s within 2 weeks time.
2. Will my visa get transferred successfully without any problems to Company C, As the H1B transfer is being filed from Company A to Company C nearing to a month after I have left company A ?

Since you do not have US$ pay check, INS may send you RFE, you attorney has to respond carefully to get rid off this issues.
I happen to check the status of the petition paper of Company (A) which is still valid.

Please note that I have not started working with Company (B) or Company (C) afer I have left Company (A).
So, you are not violated any of the law yet, Go for premium process with C you will come tp know your fate with in 2 weeks. ($1000 extra to be paid for this process)
Looking forward for immideate response, Please help me...

 

[Vijay.kiran]

My employer has filed for the normal processing already, I would like to know what is the minimum period required to get the file transfer number and then Visa transferred to company C.

I am really tensed regarding the transfer to company C. since I am starting the project with them from Monday 27, 2005. I would be under thier payroll from then.

I just want to make sure that transfer should not be a problem since I was out of job for more than a month.

Any insight on the above scenario and thoughts are really appreciated, Please help...

 

[great guru]

My employer has filed for the normal processing already,

You did not go through the reply. Your employer can change the normal process to premium process by paying addl $1000. I would like to know what is the minimum period required to get the file transfer number and then Visa transferred to company C.

I am really tensed regarding the transfer to company C. since I am starting the project with them from Monday 27, 2005. I would be under thier payroll from then.

I just want to make sure that transfer should not be a problem since I was out of job for more than a month.

Any insight on the above scenario and thoughts are really appreciated, Please help...