H1B Transfer - From Desi Consultant to Full-time

[goutham31]

Hello Gurus,

 

I had my H1B visa filed by a desi consultant last year, and have my H1B Visa approved for 3 years from Oct 2013 until Sep 2016. I did my MS in the US and have been working for this consultancy since the past 2 years. I have been always on projects and have no issues with my desi consultancy until now.

 

I now have got an offer from a proper company for a full-time position. They informed that they would not do premium processing for my H1B transfer, and would do only regular processing. Also, they want me to join their company as soon as H1B petition is filed from them, and have the receipt number. They inform that I can begin working for their company and H1B transfer would be complete in 3-4 weeks once I start working there. I have a few questions regarding this:

 

1. Is it legal to start working in a company after H1B is filed by them and they have the petition number from USCIS? (Before even H1B transfer is successfully approved)

 

2. Is it advisable to give the 2 weeks notice to my desi consultant after that company files the H1B for me and gives me the USCIS receipt number?

 

3. Is there any chance that my H1B might be revoked by my desi consultancy as soon as I give the 2 weeks notice to them? In that case, would I be on a legal status as I would have joined the other company then but H1B transfer would be in progress but not approved?

 

4. What documents should I give my new company for the H1B transfer? Do they need original copies/Receipt number of the previously approved H1B?

 

5. If my desi consultant delays/refuses to pay my last month's salary because of me joining some other company, can I legally deal with DOL regarding this?

 

Thanks in advance for your advice and help gurus!

[jairichi]

Hello Gurus,

 

I had my H1B visa filed by a desi consultant last year, and have my H1B Visa approved for 3 years from Oct 2013 until Sep 2016. I did my MS in the US and have been working for this consultancy since the past 2 years. I have been always on projects and have no issues with my desi consultancy until now.

 

I now have got an offer from a proper company for a full-time position. They informed that they would not do premium processing for my H1B transfer, and would do only regular processing. Also, they want me to join their company as soon as H1B petition is filed from them, and have the receipt number. They inform that I can begin working for their company and H1B transfer would be complete in 3-4 weeks once I start working there. I have a few questions regarding this:

 

1. Is it legal to start working in a company after H1B is filed by them and they have the petition number from USCIS? (Before even H1B transfer is successfully approved)

 

2. Is it advisable to give the 2 weeks notice to my desi consultant after that company files the H1B for me and gives me the USCIS receipt number?

 

3. Is there any chance that my H1B might be revoked by my desi consultancy as soon as I give the 2 weeks notice to them? In that case, would I be on a legal status as I would have joined the other company then but H1B transfer would be in progress but not approved?

 

4. What documents should I give my new company for the H1B transfer? Do they need original copies/Receipt number of the previously approved H1B?

 

5. If my desi consultant delays/refuses to pay my last month's salary because of me joining some other company, can I legally deal with DOL regarding this?

 

Thanks in advance for your advice and help gurus!

1. It is legal. But it is risky. What would be your situation if new employer's H1B petition is denied?

2. Yes. Personally I would not do that until H1B petition with new employer is approved.

3. Yes, your current employer has all rights to revoke your H1B. If your new employer has filed a cap exempt H1B petition by that time you are fine.

4. A copy should be more than enough.

5. Yes.

[t75]

You can pay for PP.  If it is a concern, the money is well spent.

[goutham31]

Thank you guys! I don't mind paying for PP, but looks like my new employer will process only through regular processing.

 

On a separate note, will my desi consultant know if a petition is filed for me by another employer? Or will they know only after a petition filed for me by another employer is approved?

 

Also, would we get to know if our H1B visa is revoked by our current employer for any reasons?

 

Thanks!

 

[jairichi]

Thank you guys! I don't mind paying for PP, but looks like my new employer will process only through regular processing.

 

On a separate note, will my desi consultant know if a petition is filed for me by another employer? Or will they know only after a petition filed for me by another employer is approved?

 

Also, would we get to know if our H1B visa is revoked by our current employer for any reasons?

 

Thanks!

It is absolutely legal for you to pay for PP. Try to convince new employer.

Your consultant will know nothing about it unless you decide to tell him.

No, you will not come to know unless employer informs you.

[goutham31]

Thanks jairachi for your inputs! I will talk about PP to my new employer!

 

Thanks again!

[ineelabh]

Hi,

 

I didn't took this seriously firstly, but just got my H1B transfer reject. I want help on below questions of mine.

 

1. On March 25, 2014, we mailed you a denial decision notice for this case I129 PETITION FOR A NONIMMIGRANT WORKER. The notice explains why the denial decision was made and the options that may be available to you. If you have not received this notice within 15 days of March 25, 2014 .

Do i need to leave ASAP or till my notice is received. ?

 

2. My I-94 is valid till Sep 2014 , so i can live here on unpaid leave till that time.