Jump to content
All posts are moderated, so it will take time for your post to appear!
Search In
  • More options...
Find results that contain...
Find results in...
Sign in to follow this  
arun1810

H1B transferred from Employee A to Employee B - Need Suggestion

Recommended Posts

Hi Team,

I need your suggestion for below queries.

I came on H1B visa From Employer " A " in Feb Month 2016. I moved to another New Employer " B " in April Month 2016. During the Time My old

Employer " A " did not run any payroll and did not have any Employment Agreement letter with me.

I got a New Job with the client in April and my payroll will be going to

start from now onwards through my New Employer B

My new H1b Receipt already created with the New Employer "B".

In future if I get any RFE, what kind of RFE I will get and, Am I In a

safe position now ?

Please need your suggestion on this.

Share this post


Link to post

But My old Employer  " A" did not run any payroll from Feb 11th  2016 to April 11th  2016 . But My New My Employer " B" already started my payroll for April 11th 2016 onwards.

 

I am not going through Premium package, going through Normal package .

 

 

Is there any alternative source, where I can go ? - Please advice me.

 

If I get RFE in future, is it fine if I provide latest payroll by the time. like April Month onwards ?

 

 

Share this post


Link to post

I don't have payroll from Feb 11th 2016 to April 10th 2016 with my Old Employer "A".

Because he did not run any payroll during the time.

But My New Employer "B" Already started my Payroll "B" from April 11th 2016 onwards.

In future if I get RFE , can I provide latest payroll which is from April 11th 2016 onwards (I am

not on premium package. I am on Normal package). So it will take time to get RFE in next 4 months.

By the time I will have my payroll. Will it work or advise me if any alternative source please.

Share this post


Link to post

You should file complaint against old employer A using form  WH4.

 employer B  is required  to ask you for payroll/ pay slips which are submitted along with H-1B application. Looks like both employers are not doing their job correctly.

 If USCIS asks for payroll proof before April 11 you will be denied H-1.

Share this post


Link to post

My question is also on H1b transfer from employer A to employer B. I entered US on H1b on Jan 2016 with employer A which filed my H1b . I am currently on bench while my payroll is running and this friday i will be getting my 3rd  paystub.

 

Now i got offer from employer B which wants to transfer my h1b on Premium processing.

 

1. Now say my case goes to RFE or denial and my employer A revokes my h1b, will i be out of status on H1b and have to leave the country??

2.I have asked employer B to wait till i get approval status on h1b transfer but he said he can wait for max 2 weeks and after that i have to join him.Is that a safe option??

 

Thanks in advance for the help

Share this post


Link to post
rahul1108

You need to be paid from Jan 2016 without any gaps.

1. If employer B petition goes to RFE then employer will respond. If it is denied you can still work for employer A. Do not resign current job unless new petition is approved if it is possible.

2. It is not the safest option but you can decide if you want to take the risk. If your documents are correct and application is filed properly you should have no problem getting approval. People join new employer  before visa approval all the time.

Share this post


Link to post

Thanks a lot for the response.

 I spoke to my employer B regarding me going on out of status in case my employer A revokes my visa while my h1b transfer to B goes for RFE.

As per their Attorney, i can still work with them while they respond to the queries by USCIS regarding the RFE.

In case of denial too, they can appeal against their response and i can still work on their payroll for around 4 months till finally USCIS ask me to leave country.... Is that true?? 

Share this post


Link to post

Could you please Advice on my case, your Suggestion/Advice are very helpful to me.

1. Employer B has filled for the extension of status (H1B Transfer)

2. Employer A did not provide me any pay slips but one pay slip got generated for Employer B (Post joining, Employer B on April 11th 2016).

3. If I go for Premium processing will that help in clearing the RFE ?

4. If I don't go for Premium processing it might take 3 to 4 months for USCIS to take action on my case. So meanwhile, I will be having 3 to 4 Pay slips from Employer B. Will these Pay slips help me in addressing the RFE or Do they request pay slip from Employer A prior Joining Employer B.

5. considering above details what kind of RFE, can I guess ?

Additional Details:

With My Employer A - USA visa valid till May, 2017

Share this post


Link to post

Could you please Advice/Suggestions on my below query:

1. Employer B has filled for the extension of status (H1B Transfer)

2. Employer A did not provide me any pay slips but one pay slip got generated for Employer B (Post joining, Employer B on April 11th 2016).

3. If I go for Premium processing will that help in clearing the RFE ?

4. If I don't go for Premium processing it might take 3 to 4 months for USCIS to take action on my case. So meanwhile, I will be having 3 to 4 Pay slips from Employer B. Will these Pay slips help me in addressing the RFE or Do they request pay slips from Employer A prior Joining Employer B

5. considering above details what kind of RFE, can I guess ?

Additional Details:

With My Employer A - USA visa valid till May, 2017.

Share this post


Link to post

Yes  attorney for employer B is correct.

 Please note the technical differences here. You will not be out of status as employer A only revokes the petition( they cannot revoke visa which can only be done by DOS).

Your new H-1B petition has to be filed before you leave employer A.  Also there is no such thing as H-1B transfer. employer B application is a new and independent application which will be decided on its own merit. You  will have to leave the country if employer B is unable to get the approval after all efforts to answer USCIS questions.

Share this post


Link to post

Thanks for the Information. Much Appreciated.

So, which one is suitable for my case now:

either Normal Processing or Premium Processing ?

-------------------

2. Employer A did not provide me any pay slips but one pay slip got generated for Employer B (Post joining, Employer B on April 11th 2016).

3. If I go for Premium processing will that help in clearing the RFE ?

4. If I don't go for Premium processing it might take 3 to 4 months for USCIS to take action on my case. So meanwhile, I will be having 3 to 4 Pay slips from Employer B. Will these Pay slips help me in addressing the RFE or Do they request pay slips from Employer A prior Joining Employer B

-------------------

Share this post


Link to post

Pay slips from employer B  mean nothing. If you are asked for pay slips from employer A to show that you were maintaining legal status before joining employer B then prepare to provide explanation.

 premium processing does not change the outcome of the application.

Share this post


Link to post

My wife's visa is in transfer from employer A to employer B in normal processing. It's been close to 7 months but the case is still in pending status. If she gets an offer from employer C, will she be able to transfer her VISA at this moment?

Share this post


Link to post

My wife's visa is in transfer from employer A to employer B in normal processing. It's been close to 7 months but the case is still in pending status. If she gets an offer from employer C, will she be able to transfer her VISA at this moment?

As mentioned earlier there is no such thing as H-1B transfer. employer B application is a new and independent application which will be decided on its own merit.  Employer C application will also be treated same. 

Employer C can apply for visa but it will be denied if  employer B petition is denied.  I am assuming she is working for employer B at this time. If she is still working with A then there is less risk as employer B petition does not matter.

Share this post


Link to post

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
×