H1B transfer - EC Model to Full time -then stamping

[garpra]

I came to USA on L1B Visa .In Jan 2011 i changed my visa to H1B as new employer A applied for H1B with client letter from client B ( Shown 2 and half years project in client letter and i got H1B Visa for 2 and half years)

In June 2011 i changed to client C ( same emploer though) at new location.My emploer filed LCA and my H1B Visa remained as it is ( Valid till 2013) ( and my employer did not file any amendment etc..)

Now i got a full time offer from Client D who is ready to file H1B transfer and recruit me.

I have the following questions

1 ) Is client change cause any problem with my current H1B Visa during stamping time ? ( I am wondering whether they ask like .. i see client B in petetion and seems to be valid till 2013 why did you change client ? etc..)

1 ) Just want to confirm.H1B transfer doesn't come under quota isn't it ?

2 ) What are the risks of H1B tranfer denial in my case ( Can they deny H1B Transfer if my new employer petetion is strong ?)

3 ) if my H1B transfer is denied, can i work for my old employer again ( not practical though as decision comes after long time i guess)

4 ) considering issues i have been observing with EC (or EVC ) model cases, Is it woth tranfering Visa to a employer who is offering me a full time employment ?

5 ) If my H1B transfer gets approved and if i go for stamping , is there any chance that VO ask about previous H1B Visas (or any other previous Visas) etc..

I appreciate your responses

[garpra]

Anybody please

[avasi36]

Hi Garpra,

Answers to your questions in red.

1 ) Is client change cause any problem with my current H1B Visa during stamping time ? ( I am wondering whether they ask like .. i see client B in petetion and seems to be valid till 2013 why did you change client ? etc.. No. The law permits the employee to change employer at any time. The only concern would be with the employer. Of your new employer is better than old employer, it multiplies your chances.

1 ) Just want to confirm.H1B transfer doesn't come under quota isn't it ? It does not come under quota

2 ) What are the risks of H1B tranfer denial in my case ( Can they deny H1B Transfer if my new employer petetion is strong ?)

Ask your new employer that you would like to join their company only after H1-B transfer is approved. No way your current employer will know it. After you get your approval give the required notice to your old employer and change jobs. Incase,H1-B transfer is denied, you can still work for old employer as that petition is still valid.

3 ) if my H1B transfer is denied, can i work for my old employer again ( not practical though as decision comes after long time i guess)

As said in my previous answer- yes.

4 ) considering issues i have been observing with EC (or EVC ) model cases, Is it woth tranfering Visa to a employer who is offering me a full time employment ?

Well that is what I did. But that does not guarantee a visa.

5 ) If my H1B transfer gets approved and if i go for stamping , is there any chance that VO ask about previous H1B Visas (or any other previous Visas) etc...

Yes they may. You have to be confident and honest. Just say that you have got good opportunity.

[garpra]

Thanks Avasi

One small correction and question again :)

1 ) Is client change cause any problem with my current H1B Visa during stamping time ? ( I am wondering whether they ask like .. i see client B in petetion and seems to be valid till 2013 why did you change client ? etc.. No. The law permits the employee to change employer at any time. The only concern would be with the employer. Of your new employer is better than old employer, it multiplies your chances.

I did not change employer.I just changed the end client.Now is that gonna be a problem ? i know we can change end client but is there any chance that they ask why did you change your end client.In that case can i say i wanted to move to new location ? ( I have new location LCA etc. anyways)