Please help , unique problem

[Ceeker]

Hi guys

I am facing some unique problem .

I got my visa stamped with company "A" , then never joined the company.Then got the h1 transfered to "B" while in india, and entered USA with the old visa of company. Faced no problem on POE and everything went smooth.

After few months  I got full time opportunity in a very reputed company "C" and got my petition transfered.Now the VISA is expired and now have to travel india for personal work.

I now have been told now that , Entering US to work for employer B on VISA of company , for whom I never worked , is illegal.It is legal only if I would have worked for company A for few months.

What are the chances of me getting 221 G?

Extra Piece of info:
While entering US , they clearly mentioned the petition number of the company I am going to work for?
 

[omshiv]

I guess you are worrying unnecessarily...just show your new 797 at POE...you should be good.

[chakrakr]

I guess you are worrying unnecessarily...just show your new 797 at POE...you should be good.

OP does not have a valid Visa.  OP need to get a valid visa using the current Petition and then enter.    OP ,  you should nto have any problem because of the issue you mentioned

[rahul412]

Hi guys

I am facing some unique problem .

I got my visa stamped with company "A" , then never joined the company.Then got the h1 transfered to "B" while in india, and entered USA with the old visa of company. Faced no problem on POE and everything went smooth.

After few months  I got full time opportunity in a very reputed company "C" and got my petition transfered.Now the VISA is expired and now have to travel india for personal work.

I now have been told now that , Entering US to work for employer B on VISA of company , for whom I never worked , is illegal.It is legal only if I would have worked for company A for few months.

What are the chances of me getting 221 G?

Extra Piece of info:

While entering US , they clearly mentioned the petition number of the company I am going to work for?

 

No you are good to go. At POE you can enter with old valid H1 visa but you should carry current employer's 797, that's what you did.

[pontevecchio]

"Entering US to work for employer B on VISA of company , for whom I never worked , is illegal.It is legal only if I would have worked for company A for few months."

 

 Not necessarily true.
 

[omshiv]

OP does not have a valid Visa.  OP need to get a valid visa using the current Petition and then enter.    OP ,  you should nto have any problem because of the issue you mentioned

 

Oh Sorry, I overlooked that OP's Visa expired...yah so he'll need to go for stamping and come back...no issues there.

[Ceeker]

Thanks Guys for all valuable inputs.It was  really helpfull!

I have got another issue too. I left the consulting company(Company B) fourth week of a month, as I had to join (Company C- Full time) as soon as possible. He never paid me salary for that month  and didnt even mention in W2.

But I do have copies of email resigning the company in that month.My consulting company(Company B) said that , they are considering that month as unpaid leave , which they said, is legal . I never applied for leave either in written statement / vocally. I  know I can complain DOL to get back owed money(For 3 weeks).

But question is does it cause any problem in stamping?

 

 

Thanks again for your valuable time

[jairichi]

Thanks Guys for all valuable inputs.It was  really helpfull!

I have got another issue too. I left the consulting company(Company B) fourth week of a month, as I had to join (Company C- Full time) as soon as possible. He never paid me salary for that month  and didnt even mention in W2.

But I do have copies of email resigning the company in that month.My consulting company(Company B) said that , they are considering that month as unpaid leave , which they said, is legal . I never applied for leave either in written statement / vocally. I  know I can complain DOL to get back owed money(For 3 weeks).

But question is does it cause any problem in stamping?

 

 

Thanks again for your valuable time

Since you had worked you need to get paid. You never know when it will come to bite you back. At that time you will have no excuses to justify.

[rahul412]

But I do have copies of email resigning the company in that month.My consulting company(Company B) said that , they are considering that month as unpaid leave , which they said, is legal . I never applied for leave either in written statement / vocally. I  know I can complain DOL to get back owed money(For 3 weeks).

Nope, that's ILLEGAL. And yes, filing a complaint against that FRAUD employer is the only option bcos this will bite you in future.

 

Not getting paid=Out of status.