H1B transfer to new company

[attaboy]

I currently have an approved I140 from company A, I am planning on doing a future job GC with company B. Company B said that I should transfer H1 before filing I140, while I can continue working in Company A until the new I140 is approved.

 

My questions:

 

1. Any reason why company B is requesting for H1 transfer even though I will join them only after the I140 is approved.

 

2. Can company B do anything such that I will be forced to join them after the H1 transfer, like running a pay roll or anything else.

 

3. Any thing else I should be cautious about transferring H1 and not join them until the time it takes for I140 approval.

 

 

[ashuneel]

First off, the word H-1B transfer is incorrect as nothing gets transferred except you the employee.

1. No reason to file new H-1B through company B if you plan to join them  later. You can join B even after getting GC as it is for future employment. No reason why company B wants file H-1b before I-140.

2.Company B cannot force you to do anything. Running payroll if you do not work  there will be fraud.

3. If you plan to join company B after i-140 make sure it gets approved before your  6 year stay on h-1B ends.

 

Getting GC is secondary to having stable employment  and you may end up losing both if you fall for shady actions.

[pingpong]

talk to a good immigration attorney.