H1B Issues

[h1bseekerz1]

Hello Sir -

Hope you are doing good.

Need your advice on the following -

I have my H1B approved and Visa Stamped, my employer(an IT Consulting firm) not allowing me to leave for US citing the following reasons -

1. Need to run Payroll as soon as I enter US. I'm not sure of the rules but shouldn't I be given time to apply for SSN and get it then the employer liable for Payroll..?

2. Port of Entry issues - Since, I will be entering first time into the US apart from Employer Contact info, Job-Postion and I797 what else could be an issue.

Please advise if there are any options available for me to overcome the above situation.

Thanks & Regards

H1B Seeker.

[rahul412]

I have my H1B approved and Visa Stamped, my employer(an IT Consulting firm) not allowing me to leave for US citing the following reasons -

1. Need to run Payroll as soon as I enter US. I'm not sure of the rules but shouldn't I be given time to apply for SSN and get it then the employer liable for Payroll..?

2. Port of Entry issues - Since, I will be entering first time into the US apart from Employer Contact info, Job-Postion and I797 what else could be an issue.

Please advise if there are any options available for me to overcome the above situation.

Since you said that your employer is a consulting firm, I guess he doesn't have a project for you currently and that's reason why he is not allowing you to get into US. Because once you land in US you need to get paid everything even if your employer doesn't have a project for you.

[h1bseekerz1]

if your nut employer is not allowing you to enter US..then they are a shady employer...

you'll need to find another employer.

If in that case is it possible to transfer before entering into USA

[Attorney_25]

It should be possible to get a second H-1B approved without being re-subject to the cap. A qualified attorney could assist with that. Your employer can start employing and paying you before the SSN is issued. Certainly, if the employer is not able to offer you employment then he is under no obligation to help you enter the US (and should not), however, the employer probably shouldn't have filed the H-1B if he was not able to offer you the employment at the time he filed.

[wiweq]

"If in that case is it possible to transfer before entering into USA"

=> Yes it's possible. The new employer will file your H1b with the receipt no of your old H1b. It will be cap exempted and so called 'H1b Transfer'.