URGENT - H1B TRANSFER - PLS HELP

[hpdash87]

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HI,

 

CURRENTLY  WORKING FOR COMPANY A IN INDIA. COMPANY B OF USA OFFERED & FILED MY H1B IN 2014/APRIL IN PREMIUM. GOT APPROVED. CONSULAR ASKED CLIENT LETTER ASKED CLIENT LETTER WHICH COMP B FAILED TO PRODUCE DUE TO LOOSING THE PROJECT. NOW COMP C OF USA OFFERED BETTER PAY & REFILED MY H1B IN CAP EXEMPT IN PREMIUM. GOT APPROVED & NOW STAMPING DONE. I HAVE RECEIVED VERY VERY GOOD OFFER FROM A US LARGE MNC - COMP D. VERY MUCH KEEN TO JOIN COMP D & COMP D WILL ALSO DO GC IN EB 2 POST ELIGIBILITY. BUT COMP D DO NOT REFILE ANY H1 VISA BUT ONLY DOES H1 TRANSFERS.

 

SINCE I HAVE THE STAMPING NOW, WHICH MEANS I CAN TRAVEL TO USA. PLS CONFIRM ?

 

HENCE CAN I TRAVEL TO USA ( WITH STAMPING FROM COMP C & COMP C APPOINTMENT LETTER ) & JOIN COMP D , INSTEAD OF COMP C. ONCE I JOIN COMP D, WILL ASK COMP D TO DO THE H1B TRANSFER FROM COMP C. IS IT OK ? IS IT LEGALLY FEASIBLE ? IS THERE ANY RISK OR LEGAL IMPACT ? I HAVE NOT BEEN AN EMPLOYEE OF COMP C. WILL CREATE ANY PROBLEM IN TRANSFERRING THEIR H1B TO COMP D.IN THE COMP C OFFER LETTER WHICH I HAVE SIGNED/SCANNED/SENT THEM, THERE IS 1 YEAR BOND. WILL THAT CREATE ANY PROBLEM ? THEY MAY BUT I AM NOT YET JOINED COMP C. ANY RISK ?

 

ANY ADVISE / THOUGHTS / POINTERS FROM EXPERTS - MUCH HELPFUL.

 

THANKS IN ADVANCE.

 

[jairichi]

You will be sent back from POE to your home country if you plan to do what you mentioned. There is nothing called refiling and H1B transfer is nothing but a new H1B petition that is cap exempt. Company D has to file a cap exempt H1B petition and get approval. With that approval notice and valid H1B you can enter US and work for company D.

And, if you have signed any agreement with company C then you are bound by that and would have to face the consequences. Talk to a labor attorney.

[wiweq]

If you use company C's credentials for entering in USA, you should have intent to work for C.

I would suggest enter in USA using C's stamping, papers work for a month and meanwhile transfer your H1b to D.

 

Contact attorney for C's bond. You cannot start working for D, before filing H1b by them for you.

 

Writing in CAPs doesn't make things important. Its hard to read.

[hpdash87]

Hi Wiwek,

 

Thanks for lot. After entering US with C's stamping, do I need to join C in the duration of Transferring the H1B to D ? If no, how much time I can stay in US with C's stamping, not being joined D ? How the typical process happened for folks who change jobs in US doing H1B transfer in 15 days. Do they wait till new employer transfers completely before joining or they initiate the transfer & join new firm & within some time h1b gets transferred to new.

 

Also, I may have confused you stating I have a Bond with C. There is no exclusive bond as such. Actually it is the standard conditional/provisional offer letter terms of conditions for H1B filling purpose, with way less salary, compared to what is my actual salary. It does not many detailed info as well. They have told, once I report their office in US, they will give the actual offer / appointment letter with all salary / benefit details. I have just signed in Short Sign & scanned & sent back to them for reference. Also I think whatever the clause or bond is available, once I have joined. If I am not joining , they still is there is Risk ?

 

Pls advise . Thanks.

[wiweq]

After entering US with C's stamping, do I need to join C in the duration of Transferring the H1B to D ?

 

=> Yes you have to. You are using C's documents to enter in US, so you have to work for C. There are two methods of transferring. Regular and premium. Regular takes 3-5 months, premium takes 15 calendar days. Though you can start working on H1b receipt, it is suggested that do not join the new employer till the H1b is completely approved.  

 

Also, I may have confused you stating I have a Bond with C. 

=> Do not go with their sugar coated words. What you have that you have. Because its not signed in US, I am not sure if it would create any problem in US. Better to contact an attorney.  Avoid employers who play with the regulations by faking documents. You should get salary equal or more that LCA salary and make sure your have correct job duties on LCA. Paying H1b fees by employee is illegal.