Need your Advice on H1B transfer immediately after coming to US.

[Amit_83]

Hi,

    I got H1B stamped on my Indian passport with validity till July 2016 from company A based in LA, california. I need to find a new project once I land there, as there is some budget issue with the project which I got selected for. Now after my arrival my employer will find a project for me any where in the US which I don't want. I would like to find and get a job in Denver, CO as my relatives and close friends have been staying there from 2008. I have cleared technical discussion with one of my friend's employer - B based in Denver.

 

   Now my question is, Can I transfer my visa from Company A to Company B after few days of my arrival in US ?

 

   My friend suggested me one solution as : I will come to US to directly to LA as mentioned in I- 797 without telling Employer A, stay for 1 or 2 days in LA and fly back to denver, apply for the SSN and visa transfer from employer A to B.

 

  Is it possible and legally safe ?

 

  will I face any problem if I return to US from India for vacation during my Visa period (i.e. before July 2016) ?

 

   will I face any problem while extending my current Visa ?

 

I am in dilemma. Need your valuable advice to take a further decision whether to go and transfer Visa or continue working with employer A for at least 3/4 months at any location and then switch to any employer based in denver ?

 

Your advises are appreciated. 

Thanks in advance.

 

Amit.

 

 

 

[t75]

You may have contractual obligations with employer A that can make you liable for monetary damages.  Have your contract reviewed by an attorney.

 

Not telling your employer that you are arriving may come back to bite you if the IO at the border calls him for information.

[jairichi]

Hi,

    I got H1B stamped on my Indian passport with validity till July 2016 from company A based in LA, california. I need to find a new project once I land there, as there is some budget issue with the project which I got selected for. Now after my arrival my employer will find a project for me any where in the US which I don't want. I would like to find and get a job in Denver, CO as my relatives and close friends have been staying there from 2008. I have cleared technical discussion with one of my friend's employer - B based in Denver.

 

   Now my question is, Can I transfer my visa from Company A to Company B after few days of my arrival in US ?

 

   My friend suggested me one solution as : I will come to US to directly to LA as mentioned in I- 797 without telling Employer A, stay for 1 or 2 days in LA and fly back to denver, apply for the SSN and visa transfer from employer A to B.

 

  Is it possible and legally safe ?

 

  will I face any problem if I return to US from India for vacation during my Visa period (i.e. before July 2016) ?

 

   will I face any problem while extending my current Visa ?

 

I am in dilemma. Need your valuable advice to take a further decision whether to go and transfer Visa or continue working with employer A for at least 3/4 months at any location and then switch to any employer based in denver ?

 

Your advises are appreciated. 

Thanks in advance.

 

Amit.

What your friend is suggesting you is a direct route to deportation and probable life ban to enter US. You can enter H1B only when there is a job/project available with an employer and you have an approval notice to work for that employer. 

[rahul412]

   My friend suggested me one solution as : I will come to US to directly to LA as mentioned in I- 797 without telling Employer A, stay for 1 or 2 days in LA and fly back to denver, apply for the SSN and visa transfer from employer A to B.

 

  Is it possible and legally safe ?

That's not possible.

If you do so then what will be your status in US from the day of your arrival to the day your H1 transfer is filed??