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vidhya18

Please Help me regarding H1 transfer

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Hello Everyone ,

I would like to thank murthy forum a lot as I had learned and got lot of help during my H1 stamping while I was India .

After all the struggle for more than year I came to USA on 12th july i.e very recently and right now I am planning to transfer my H1 to the Client who is Interested to take me back .

Please find my below questions and let me know if transfer is possible / am I eligible for transfer immediately ?

Q1) Should I really wait for 1-2 months for pay- stub to get transferred to different company ? As I came recently I dont have any and I have to transfer earliest by August to my New client company .

Q2) Would I get rejected or something since I came recently when I apply for my transfer ?

Q3) Can my previous employer do anything like can he stop / revoke or do anything if comes to know about my transfer ?

Q4) Should I even tell him that I am transferring to new company ?

Q5 ) During my Employment back ground verification does he will know anything about my transfer by any chance ?

q6 ) what are the necessary precautions to be taken for transferring ?

Will truly appreciate all the help upon your wonderful suggestions . Please post me anything you know about transfers .

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1. What is your current status?

2. Not because of this

3. Once you leave his job he has to revoke the H1. He cannot influence the transfer

4. Are you actually getting paid or not?

5. Obviously if a new sponsor calls him for a reference he will know. Other than that your current employer will not know.

6. You would need the new sponsor to file a H1 and get it approved. Since you have a visa even if you do not get a I94, YOU CAN LEAVE AND RETURN ON THE VISA IF THE h1 PETITION IS APPROVED.

aRE YOU ACTUALLY WORKING FOR THE CURRENT h1 sponsor?

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Hello pontevecchio ,

Thank you so much for responding for my questions .

1 ) I am on my H1b actually working for his Internal project ( U know right it doesn't really exist so looking for a job right now Since july 12 2012 when I landed in USA back )

2) I might get an full time job soon to the client directly ,so is this too short period to transfer my H1B ? as I dont have pay stubs I am Scared ..

3 ) Once you leave his job he has to revoke the H1. He cannot influence the transfer i.e u mean I can transfer to any company without hesitation/ problem from my previous employer right?

4) No I am not getting paid anything as of today and I even paid my own H1 filling fees also .

5 ) Obviously if a new sponsor calls him for a reference he will know. Other than that your current employer will not know. ??I really didn't get this ?

(During my Employment back ground verification does he will know anything about my transfer by any chance )

I mean If they do any verification I know he will come to know about the Job but does this guy will know any kind of information about my transfer at point of time by any chance ? or from any source?

6) I am little bit scared about revoking as one of my friends has to face issue , when he got FT offer the company owner has revoked H1 even before the Transfer ... In that worst case can I still be in USA and get my H1 transferred and join the client ?

Truly appreciate all your inputs ...

Thanks a ton again .. Waiting for replies !!!

vidhya !!

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I would urge you to discuss your issue with a Lawyer. You have till August,12 to report to him. Obviously benching is illegal and if he were to pay you after that its fine. You have the visa. Get another employer to file your H1 and you can leave and come back on your existing H1 visa. A few days here and there do not matter.

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Pontevecchio ,

Thanks for responding back !!

Yeah I spoke to one of the lawyer in b/w she said :

  • I have all rights to transfer to any client if they can sponsor me at any time , No obligations for days , weeks or months .
  • Pay stubs are not mandatory but its always good we keep our selves up to date tiil date say if I transfer in august I should have pay stub for July-August ( One pay stub) , its not the count actually matters .
  • In the worst case if he (employer) revokes I can stay in usa and let get the client apply for a new H1 and get new approval .
  • During the Transfer there is a least possibility that my EMPLOYER would know about the transfer except there is a vendor who calls and tells them .

I think this is what pretty much I understood about transfer to clients place .

Thanks again for your Inputs !!

Truly appreciate ..

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