regarding 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 have to go to US on present company (X where I am working now) visa and I have to manage at port of entry.After I reached US ,Company Y 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?

[omshiv]

You cannot go on company X visa if you are intending to work with company Y. Thats abusing the visa and if they find out at POE you'll be caught and sent back. In short go to US only if you have a project from company X. Do you have paystubs from company X?

 

Just to answer your other questions for your understanding:

 

Company X will revoke your H1 once you give them the notice period...if company Y does PP then you are good to go.

[rapnagaraju]

Hi Omshiv,

 

 Thank you for giving the info for my query.I still need to have clarification on one thing that you mentioned.

 

'Company X will revoke your H1 once you give them the notice period...if company Y does PP then you are good to go.'

 

What is that PP you are talking about?what doeas that mean?

 

If I go on H1 visa from present company(As I told you I have to sign some bond paper before going to US, which says If I transfer my H1B I have to pay some thousand dollars and give 3 months notice period(I have to come back to india to give notice period)),

Will there be any problem? Will that kind of bonds valid in US?

 

 

[jairichi]

Hi Omshiv,

 

 Thank you for giving the info for my query.I still need to have clarification on one thing that you mentioned.

 

'Company X will revoke your H1 once you give them the notice period...if company Y does PP then you are good to go.'

 

What is that PP you are talking about?what doeas that mean?

 

If I go on H1 visa from present company(As I told you I have to sign some bond paper before going to US, which says If I transfer my H1B I have to pay some thousand dollars and give 3 months notice period(I have to come back to india to give notice period)),

Will there be any problem? Will that kind of bonds valid in US?

PP stands for premium processing. When a premium processing is requested you get a decision within 15 calendar days. Ask an attorney to go through your bond before signing it. 

 

What do you mean by saying "manage at port of entry"? As omshiv mentioned if you are trying to enter US with X company I797 with no job it is completely illegal. If you are caught then you will be deported back and probably with a life long ban to enter US. Get an I797 approved by employer Y and enter US with it.

[rahul412]

Hi Omshiv,

 

 Thank you for giving the info for my query.I still need to have clarification on one thing that you mentioned.

 

'Company X will revoke your H1 once you give them the notice period...if company Y does PP then you are good to go.'

 

What is that PP you are talking about?what doeas that mean?

 

If I go on H1 visa from present company(As I told you I have to sign some bond paper before going to US, which says If I transfer my H1B I have to pay some thousand dollars and give 3 months notice period(I have to come back to india to give notice period)),

Will there be any problem? Will that kind of bonds valid in US?

You said 'Y' is ready to file your H1 transfer, so tell them that I will join once H1 is approved and with that approval enter into US. No issues.

 

Do not sign any agreement which says you have to pay some money like that.