Regarding H1B visa and H1B transfer

[rapnagaraju]

Hi All,

 

 I have couple of queries on H1B visa and H1B transfer.I am giving my history and asking questions so it may have more sentences,but in order to have clear picture I am doing like this.Please help me on this.

 

My status now :

 

    I work for indian company X which filed the H1B and I got H1B visa stamped from the same company(X).

I am still in the process of getting one project that means I am still in india.If I get any project ,I have to go to US.

 

 Meanwhile other company Y(desi consulting company) communicated with me and suggested below process:

 

    I have to go to US on present company (X) visa and I have to manage at port of entry.After I reached US ,they will start the H1B transfer process to their company(Y).They are telling it will be done within 10 days.

 

For that I have to resign from company X in india.

 

I)    But I have couple of queries about what and all options I have now in above case:

 

 1) If I go on present company (X) VISA ,Can Y company be able to transfer my H1 without any problem for me  from X company?

2) Is  H1b transfer gauranteed  if Y company starts the  process in all cases?

 

3) Will X company cancel my H1 visa after I resign from that company(from the day I started the notice period)?If it cancels,obviuosly Y company won't be able to do transfer.Can they do it within a timeframe?

 

3)Is there  any clause in law that if person is in india,they(X) can't cancel the visa?

 

4) If I don't resign from X company and go to US on their visa and then do H1b transfer from y,What would be the consequence?

 

II)    Now I have couple of queries on another(below) case:

 

 If I find any project with  X and go to US: Please look into bracket which is very important

(Note: I might have to sign some bond papers before going to US :

    That says I have to pay some money to X and return back to india and serve 3 months notice period If I do any H1 transfer after couple of months)

 After going there on present company VISA(X),Can I do H1 transfer without any problem from X company?

I heard from so many guys and couple of guys from my company went and they did H1b transfer.Nothing happned to them even though they signed some bond papers.I heard according to US law that will not work.

 

I want to once agins confirm,will there be any problem from X for H1b transfer?Do I really need to come to india to serve notice period?

 

 

 

 

 

 

[jairichi]

The most important thing is what the desi consulting company is suggesting you is completely illegal. If you do not have a project (job) in US with company X you can not enter on a H1B visa. If you are caught at the port of entry telling a lie that you have a job you run the risk of being deported and banned entry into US.

 

I

 

(1) If your company X is sending you to US on a project and if you find an employer willing to offer a job and file a new H1B petition then yes you can do it.

 

(2) H1B transfer is not guaranteed at all. It depends on your employer's and your credentials.

 

(3) By law company X has to revoke your H1B once you stop working for them. But, it will not affect another employer in filing a new H1B petition for you.

 

(4) No.

 

(5) Depends on what is in your signed contract with your employer in India.

 

II. You are obliged to honor the bond you sign. Better get an opinion of documents you signed from an attorney in India

 

My question for you would be, why would any person leave a direct job with an employer and start working for a consulting company where the chances of USCIS scrutinizing your documents or rejecting the petition is so high?

[t75]

You may not enter the US to do what you propose. You MUST have a project for your sponsor when you enter.

 

H1B approvals are NOT guaranteed.

 

The company is asking you to do something illegal; do you really think that a company which would violate US immigration law and take on the US government would treat you within the law?  If you do, you are really foolish and better have a lot of money to cover the paydays you are not paid by the employer.

 

You are planning to violate a contract even before you sign it. This is a legal forum. No one should advise you to do something illegal or unethical.

 

You are really foolish (no make that very stupid) to attempt what you are proposing.

[rapnagaraju]

Thank You very much jairichi and t75(Sorry,I am not able to all with names as there are only alias sign in names)  for your very valid reply. time

 

These questions are bugging me for a few days.I have already worked on H1 visa previously and I also somewhat know about the different options ,but I was with only one employer that time.

 

I just want to check whether that particular employer is suggesting or not.Even my conscience is not willing to do that to my present employer.

 

Anyways Thank you very much

[jairichi]

Thank You very much jairichi and t75(Sorry,I am not able to all with names as there are only alias sign in names)  for your very valid reply. time

 

These questions are bugging me for a few days.I have already worked on H1 visa previously and I also somewhat know about the different options ,but I was with only one employer that time.

 

I just want to check whether that particular employer is suggesting or not.Even my conscience is not willing to do that to my present employer.

 

Anyways Thank you very much

You are welcome rapnagaraju. It is always better to discuss and take a wise decision when one is in a foreign country.