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H-1B Discussion Forum
H1B Transfer. When can it be done? |
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Hi, I have a situation where I have started to work for my new employer before my H1-B transfer got approved. I start working for my new company as soon as I got the receipt from USCIS for submitting my H1-B transfer's case. However, after 9 months later, my case is still in process and now the USCIS asked for my pay record from my previous company from 3 months before I filed my case up to now. Since I am not able to provide the pay record after the day I received the receipt up to now, I believe that my case will be denied. Therefore, I would like to know if I already illegally working for my new company? If I already considered illegally working, is there a way to avoid my status blacklisted from us immigration since my lawyer previously told me that I could start working for my new employer as soon as I received my receipt for the case?
Thank you,
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Hi,
I wanted to know whether i am eligible for H1 Transfer with my current situation. I am working for a company X, and I was on project till March 2007, and then returned to INDIA for my marriage.Now I am back again still searching for a job, And i am no more interested to work with my current employer, can i do a tarnsfer now, coz i have only the paystubs till March 2007 and currently not working for the latest pay stubs.Please guide for further proceedings ASAP.
Thanks a lot in Advance
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to Bejitam:
You should be fine, provide paystubs from the old co. up until you filed the new H-1b, then provide stubs from the new company from that point on.
"Hi, I have a situation where I have started to work for my new employer before my H1-B transfer got approved. I start working for my new company as soon as I got the receipt from USCIS for submitting my H1-B transfer's case. However, after 9 months later, my case is still in process and now the USCIS asked for my pay record from my previous company from 3 months before I filed my case up to now. Since I am not able to provide the pay record after the day I received the receipt up to now, I believe that my case will be denied. Therefore, I would like to know if I already illegally working for my new company? If I already considered illegally working, is there a way to avoid my status blacklisted from us immigration since my lawyer previously told me that I could start working for my new employer as soon as I received my receipt for the case?
Thank you,"
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I am currently outside the United States on my OPT. My H-1B petition (as New Status) was filed and I am told that it has been approved. I plan on entering the United states on May 9th to begin work on May 19th. When and how can I get my H-1B visa stamped?
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Hi ,
I have an urgent query: I am having H1b from my previuos employer I have already resigned from the organisation but during stamping it was valid till 30 sep 2009 as I already left the organisation I have two queries:
1. How can I check is it still valid or they have cancelled my H1.
2. Could I get it transferred by some one else as I have left the company.
Pls reply me asap as Its very urgent and nobody is giving proper ans.
Thanks,
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Hi ,
I have an urgent query: I am having H1b from my previuos employer I have already resigned from the organisation but during stamping it was valid till 30 sep 2009 as I already left the organisation I have two queries:
1. How can I check is it still valid or they have cancelled my H1.
2. Could I get it transferred by some one else as I have left the company.
Pls reply me asap as Its very urgent and nobody is giving proper ans.
Thanks,
to ManishD:
It will be difficult to find this out, but you can try calling the Customer Service number : 800-375-5283
How long ago did you stop working for the previous company? |
to nuncprotunc:
I have left almost 4 months back.
What details will be require to tell on this number????
Thanks
Manish
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Hi
I graduated in dec 2007 and have a valid opt until feb 09.
Recently a cunsulting firm filed my H1-B petition and I was told it was accepted last week (How do they know? Ans: Check cashed)
No Official approval yet
I havent got any project yet
Another company has offered me a fultime position.
What is the solution here.
Is a transfer possible.
Or do I have to revoke the H1 since opt can be extended for 17 more months.
Please Help
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Hi , I am a graduate student graduated from school in dec 2008. I have a situation where I am on an OPT status and my H1 b has been approved just a few weeks back. My current employer 'A' has filed for my H1. Now I have got an offer from another company 'B'. I have started working for company 'A' since april 9th 2008 and i have my payroll running since then. Can i accept my offer from company 'B' and get my H1 transfered. If so when can I do it?????If so whet are the conditinons to be fulfilled . Please help me ASAP.
Thanks
Harry
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to salamay:
Hi salamey,
I just saw ur post here.. I am also in the same situation. Would be glad to know if you have a solution to this. Just that both of us can learn what we know... I think we can be in touch.. if so please give a mail at anjana_i09@yahoo.com
Thanks
Harry
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Hi,
I have a small query.
I am currently working for an Indian Company X and I am here in US for an assignment on H1 from last 7 months. I will be going back to India this month end as my present project is getting completed.
Now due to some reasons i want to move out of this company after going back to India. If i join Company Y say after going back to India, is it possible for compant Y to transfer my H1B by me being in India?
As i was here for last 6 months and have all the pay stubs, is it possible for me to get my H1B transfered to other company by being in India itself?. My visa is valid till june 2010.
If it is so,
Then can the company Y which i will be joining do the transfer process after joining their company or is it that they have to do before i join. I am in no hurry to come to US but was just thinking if my H1 can be transfered.
I have to leave my present company for various reasons and I was just thinking not to waste my H1 and if possible get it transfered. I am working in my present company from last 4 years and I am here in US for a small assignment, which will be completed this month end.
Please reply to the above query.
Regards,
Kumar.
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I applied for H1B transfer from company B and joined the company B for 1 week on the basis of Fedex receipt.
But I was always under tension whether my H1B transfer will be approved or not, hence decided to join back my old company A till the time my H1B transfer is successfully approved.
Is there any problem, since I joined the company B for 1 week.
Do I need to take care of anything ? Please advice
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Hi,
I have a H1B with company X and signed a one year bond in India. Will there be any problem if i get my H1B transferred to company Y before completion of one year and do i need to pay the amount specified in bond as i signed the document in India.
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the receipt number
I have left almost 4 months back.
What details will be require to tell on this number????
Thanks
Manish
to ManishD:
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to nuncprotunc:
Nuncprotunc,
I have been looking for an answer for sevaral months already and no luck. I can't ask my company's attorneys because of conflict of interest. Could you please help with a quick advise?
I have used 6 statutory years of H1b and now I am on a 3-year extension because of approved i-140 right before my 6th year expired. Can I transfer my extended H1b to another company and start the GC process from the beginning (because I will be EB2 then)?
Thanks!!!
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to busco4you:
I don't see why not.
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Hi All,
I used to work for a company A till Dec. I havent informed Comp. A about my transfer. The H1 is valid till Oct 2009. I filed for H1B transfer and moved to B in Dec. That case is still pending even though we sent the response 2 months back. Currently this Company B is running my Payrole. Now another Company C is offering me a good job. Can I transfer to Company C without the H1B Approval from company B?
Please help. It is a very tough situation.
Bhaskar.
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I went to US on F1 visa and changed my visa status to H1 in USA . I came to india for H1 stamping in the month of October 2007. My case went in "Security Clearance" ( 221(G) additional administrative processing). I got clearance in Jan 2008 and got passport stamped with H1 visa valid till Sept 2010 on the name of Microsoft. But by the time i got clearance, my employer terminated my employment.
Being in India itself, I got job in another US based company called Google who filed H1 transfer petition and i got approval from USCIS on Google's name. I have following concerns
1) Do I need get passport stamped one more time on NEW EMPLOYERS NAME i.e Google ?
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Call someone help me to figure out what I shall do?
I am still in OPT. A company filed H1b for me and I got the receipt number(the status showed approval notice sent). I began to work for company B. May I transfer H1b from A to B with only the receipt number before Oct 1,2008. Meantime, may I apply for OPT 17 months extension after the approval of H1b?
Thanks in advance!
Larry
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1. Changed job from Biochemist (Company A) to Financial Analyst (Company B) because I received my MBA in Feb 2008
2. Resigned from company A on Feb 28th 2008. (Pay stub Oct07-Feb08 from Company A)
3. Joined company B on March 1st 2008.
4. H1B transfer receipt received on April 1st 2008.
5. Have not been on payroll yet as of June 9th 2008.
6. Have not received H1B transfer decision from USCIS.
7. I don't know if Company has sent a letter to immigration to revoke my VISA or not. I was told from A that they would hold my H1B until end of March 2008.
I haven't started working for B because I heard that if H1B transfer is denied then I will be out of status. But I realized that from the time I quit A to today is considered out of status as well.
Should I start working for B and be on payroll even before H1B decision is made or wait for the decision from USCIS?
Will out-of-status (March to current) affect my H1B transfer application or green card application?
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Hello
I have a question
I have applied for H1B in April and got approved through company A. now if i get an opportunity through company B i need to make a transfer of my H1B so for that what documents do i need to have and do i need to have any pay stubs from company A to apply for a transfer . And how much would it cost to apply for a transfer .
Can anyone please help me soon
Thanx
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Hi, I am currently working on L1 B in a comany X, I applied for H1B in 2007 through a company Y and my petition got approved, in Nov 2007 they applied for change of status regular processing, in Apr 2008 got a RFE , consultancy responded back to USCIS shortly after it, still waiting on for change of status ............
are there any guys out there in a similar situation, please share your thoughts
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to Vicrot:
Hi, I am in exactly the same situation as you (got H1B approved this year May 07 and not want to transfer to another employer). So in order to figure this out I met with a reputed Indian lawyer and these are the options I have:
1) I can work for the new employer immediately since I have OPT but this will only be valid until Sep end
2) The new company has to file my H1B transfer (before my OPT expires) (which is same as filing a new H1B petition but without any CAP so guanteed approval, and the cost is the same as the new H1B cost)
3) After the H1B transfer is approved, it will also become active 10/01, just like my current H1 from my current company
So I have decided to go ahead with H1B transfer and start working for the new company under OPT (whiCH IS STILL VALID UNTIL 09/30...there is no need of Pay stubs...ALL DOCUMENTATION REQUIRED IS just like filing a new H1B but you are guaranteed approval (provided company is registered and legal) since I already have an approved H1B and not subject to the CAP this time.
Hope this helps.
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to gcardozo:
Hi, I am also facing exactly the same situation as you are. But my new employer told me that, even if the H1B visa transfer is approved (as it does not fall under the CAP), I have to go to my home country to get it stamped before I can start working on H1B from October 1 2008. Though I can work with them on OPT now till September 30, 2008. Please let me know if you know anything about it!
Thanks!
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Hi,
This is Annie from V.L.S. Systems Inc.
If in case if you are looking for a project or knew any one looking for a project who are already in USA, please let us know. We get lot of job requirements every day. We have a team of 45 Technical Recruiters and Sales/Marketing Staff, who will help you or your friends who are in need of a project in getting a new project. Please send me your updated resume, who are looking for projects right now or in future.
If you have any queries please let me know.
Please send your updated profiles to annie@vls-systems.com
If you have a brother or sister or a friend or a relative in USA, ask them to send their profiles to annie@vls-systems.com .
Thanks and Regards
Annie
Technical Recruiter
V.L.S. Systems Inc.
Website: www.vls-systems.com
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Hi,
I have applied from tow consultancies for H1 B Visa in 2007. Luckily i got two petition numbers and i have attened visa interview from first consultancy and got the visa in Jan2008 but the second cosultancy people also forcing me to attend the visa interview other wise they are asking me to pay US3000.
1. Can i attened the for second round H1B VIsa interview
2. With the second consultancy i had an agreement that i will server for 1yr if i break the contract i will the visa expeneses, but here even i didnt attened the visa interview. Here am i breaking the contract? When the contract period starts? If this guys goes legally what can i do?
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to viggom:
Hi V,
Last year i applied H1 from two consultancies and i got two petitions from two companies. I have atteneded visa interview from company A and i got it. With company B i have agreement and i dont want to attend the visa interview and i dont want to work for company B.
But today i got a mail from company B that they are asking me to attend the visa interview otherwise they are asking me to pay 3000$
I have already H1 from company A is it possible to attend the visa interview again from company B?
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Hi,
Last year i applied H1 from two consultancies and i got two petitions from two companies. I have atteneded visa interview from company A and i got it. With company B i have agreement and i dont want to attend the visa interview and i dont want to work for company B.
But today i got a mail from company B that they are asking me to attend the visa interview otherwise they are asking me to pay 3000$
I have already H1 from company A is it possible to attend the visa interview again from company B
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Hi,
My H1 got approved for FY2009 filing in MS cap (transfer from F-1 to H-1B). Currently i am working for employer A ,who filed H1B. Now i got an offer from employer B and employer B will transfer H1B from Employer A. Am i eligible to go for H1 transfer before i go for H1B visa stamping? Will h1 transfer create a problem before i go for stamping? My OPT ends on Dec 19 2008.
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Hi, I got my H1 B Visa by 2007 Jan from X company in India. I visited US and worked for 3 months. I came back due to personal reasons. I quit the company X by Nov, 2007 and joined company B. I didnt transfer my H1 Visa to the new company in India. Now by August, 2008 I want to transfer my H1 B visa given by Company X to one consultant from US. I want to know will the transfer is possible? or Whether I can travel to US with the company X h1 Visa and get it transfered once i reach US. Will there be any problem at POE? I am really confused because the consultant asked me to travel with the previous company visa. Please help me out. I dont want to take risk
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i am currently on opt and filed my H1 through a consultant this year and have got an approval. However, I dont see any opportunity of me being placed on a project any time soon.
I am considering looking for a full time position with other companies. Could you tell me if its possible for H1 to be transferred to a new company before I have even started any project and not received any paystubs from the consultancy?
Since my H1 will start only in OCT'2008 and I still have time to look for a job do you think I can get my H1 transferred without any problems?
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My H1B 2008 petition filed in by my current employer has been approved and I have received the copy of the approved petition but I have not got the stamping done as yet.
Now my company will allow me to go for the stamping as and when an US assignment is identified for me.
As of now, there is no such assignment.
My questions are as folows.
1) If I change my company at this point of time, what do I need to do with the current approved petition? Will this approved H1B petition hold any value in my next company?
2) Is there any time limit by when I need to go in for the stamping?
If so what are the things needed to do that?
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to jrcombo:
hi jrcombo,
I am in exactly the same situation. Did you get answers to your questions?? if yes, can you please help me with that coz its really urgent. I don't have much time now. My employer is also not hiring me coz he cannot pay me. I need to know:
1) what would be my status on Oct. 1st? Originally I transferred from H4 to H1.
2) can I transfer to another employer say after 3-4 months.(I am trying to find a job but no luck as of now)
3) How long can I stay without getting salary?
I would appreciate your help.
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to trs80:
hii trs80,
thank you for the info you have provided.im in US for the past 2 months and my employer A cnt find a project/training or provide any pay or payslip.i pay evrythng frm my pocket.I dnt hve a paystub..ny chnce of tranfering and chances of success?
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Hi,
I came to united States on a Business Visa and then transfered to Visit visa, and again from Visit to i changed to student currently i am on Student Visa, but this march i applied for H1 and all my application was sent back in june,
and in October i meet my School adviser he told me that my H1 is picked and he gave me a Number and when my lawyer and i check online it says pending approval, and my lawyer checked and found that its by my name and its my application
so my question is shall i apply for Premium as October 1st is gone any suggestion or if anybody has gone through this situation please let me know
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I recently changed my status from H-4B to H-1B. I have worked with new company for 15 days. I expect my first pay stub tommorow that is 31 st October 2008. I have a two year contract with the company and I can buy out of the contract by paying USD 1000. Sadly the work environment at the work place are really hostile. I feel if I continue here I may be risking loosing my licensure by engaging in unscruplous practices. The situation is untolerable. I have talked to a immigration attorney, who told me I can change my status by filing for H-4B. He told me I can stop working as soon as I recieve recipt notice for my H-4 B. I want to search for a new employer, who is ready to file my H-1b while I am back on H-4 and then start with new employer. My concern that remains unanswered while I am awaiting approval of H-4 B, can I apply for H-1B. Secondly, do I have to wait to start work with new employer till my new H-1b petion and change of status petition is approved or I can start as soon as I receive recipt notice for My H-1B and change of status application.
The other option he told me was that I can go to canada and come back on my H-4B. That way I wont have to file h-4 PETITION. I allready have a valid H-4b on my passport.
Are there any risks involved which I am unaware of. Would you recommend going any of these routes.
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Please advise me,
Iam on h1b and on bench since june and not got paid.Now i want to go india to see my new born baby (4months old).
I was presurising him to show me a job other wise pay me salary.He paid me some amount and asking to visit family and can come back .
Now iam worried if i go india he may revoke my h1 .
Eventhough he says he wont to do such things .
I really want to go and see my baby.
Please sugest what to do.
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Hi,
I came here to US sponsored by company A and I transferred to company B and already have my NOA for company B. My visa sponsored by company A will expire on Sep 2009, my NOA for company B is on 2011. My question is, I need to go home, do I need to get my visa stamped in my home country using the NOA from company B before I go back here in the US? Or can I still use the NOA and Visa from company A?
Thanks,
itosobra
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Hi
I have couple of question on H1B transfer from India.
1) Is it possible for an H1 transfer from India
2) I got my H1 satmping from an Y company in 2008 quota( Stamping completed on Dec 2008). However, the X company which I Have worked till Dec 2009 in India, they are requesting me to Join in US . Currently i am working for the Y company in India. Is it possible to transfer my H1B to my previous company.
Please advice.
Reshu
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I had h1b anf got expired aug 2007.now i have L1 blanket and working usa now.
how can i renew my h1b visa?
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to rbaskar3k:
I have transferred my H1b and it has been approved. I want to go India for two weeks.
How long does it take to get H1b stamping done? I read somewhere a while back that it can take Months to get the security clearance. Is it still the case? I have been on H1b for sometime now and I got last stamping done in December 2007. Please advise.
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1) I was in US on H1B from May2008 to August 2008 but returned to India for some personal reasons, and now i wanted to do an H1B transfer to another company before my visa expires in 2009. Is it possible for me to do that? I dont have any pay stubs from previous employer.
2) How do I check if my case is still in valid state with previous employer?
3) Is it legal for me to travel to the US again on my previous employer's visa to another state in US?
This is very urgent.
Thanks
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Hi,
I have got my H1B in 2007 October quota. And its valid until 2010 October. I am currently working on L2 Visa . Now I would like to use my H1b and transfer it to my current employer? Is it possible for me to change my H1b to my current employer? I do not have any pay stub with my H1B Sponsor company as I did not work for them? I know the Sponsor not yet cancelled my H1B he said it is in out of Status. Can I ask my present employer to do the Transfer saying that worked on L2 Visa so far like that? Or are there any solutions to this? Please advise.
Thanks in Advance
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I was working on H1b with old employer till Dec '08 and now joined another employer , who filed the visa transfer as soon as I joined. Is it legal to get paid from new employer even though the visa transfer status is still pending?
Thanks
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Hi All,
I have an urgent question that I would appreciate your comments on.
Is it possible to be on two full-time H1Bs at the same time? Say I give notice to company A that my last day of work will be Dec 31st, but due to quick approval of H1B transfer to company B I have the new H1B on (say) Dec 26th. From Dec 26th to Dec 31st - is it possible to hold two simultaneous full time H1B visas? What are the conditions, if any? Would the answer change if I take leave from company A from Dec 26th-Dec31st?
Thanks!
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Hi
i would like to inquire if i can still apply for an H1B visa/sponsor even if im on a temporary working visa in canada?what are the requirements and how? is it also in 2-3 mos processing time? thanks a lot.
enaj
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to nuncprotunc:
hi i need a urgent help in regard of new i94..........actually my h1b visa is valid till 2011 but since i ve been benched and with out pay stub for 9 months because of my shady employer.now i have got a new employer who is filing my new h1b petition ,and his attorney said once i get the approval notice i have to leave the port asap even though i have a valid stamp and i 94 from old employer .......
so i need to be in status and for that i need to leave the port ,drop my this i94 and take new i guess this is the current situation.
can u pls advice
thanks
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to busco4you:
I have an I-140 approved long time ago (2005, i'm waiting for my date to become current to get the i-485 approved and I dont want to lost my h1b1 status, i know that i can apply for work and travel permits but I rather have a valid visa), If, my 3rd 3-yrs period has still 1.5 years left and I tranfer my visa to another company, will I get a new 3-yrs period or just 1.5-yrs? If i get only 1.5 yrs, will my company have to pay again all those fees again in just 1.5 yrs?
thanks.
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