h1b transfer query

[renu0214]

#1. I work in India , got h1b stamped from India -first time h1b. my consultancy work is not interesting so can i apply for h1b transfer while been in India??

2. in above scenario , in case i get Rfe , will it impact my current stamped visa as well or i can ignore rfe and travel  to Usa and work for consultancy.

3.if  i come to Usa and take transfer in a week, wat kind if status proof i can show to uscis as i wont be having salary slip and my consultancy wont support either.

[whiskeyjack]

1. Doable, but risky. This is a legal grey area and there were at least one guy who lost his H1B afterward (10+ years). His case can be found on AAO. However, from the look of it, it’s more like CIS was trying to deny him for consultant works and this is the best valid excuse they can find.

2. CBP would have access to the RFE and you may be asked a few questions. Again, could be a risk, but not anything close to a killer.

3. Another reason to at least get a paycheck before transfer. It’s just 7 days and you can wait. If the consultancy does not pay you, report to DOL and the recipient notice can be a proof.

[pontevecchio]

Since you have got the visa stamp, you are considered cap counted. Look for a new H1 sponsor.

[JoeF]

You need to start working on the H1 for the original employer, and of course getting paid, before you can transfer the H1.

[Zodiac System]

Find an employer who is willing to transfer an H1b and go from there.  Good Luck.

[pontevecchio]

It has been mentioned in this website that the act of getting the H1 Visa stamp makes one cap counted and eligible for the total of 6 years in H1 with any employer. The other way of being considered cap counted is working for the initial sponsor first.

The OP may well consider consulting the firm of Murthy or any of choice with the relevant facts.