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  1. #1

    Default Is it possible to transfer my H1 B visa without joining my Current H1 B employer?

    I am working in india and I got H1 B stamped on October 2007 and it is valid till September 2010. I didnot got to USA yet.
    Is it possible to transfer my H1 B visa without joining my Current H1 B employer?
    I got an offer frm another Company and they told me to enter in to USA using Current H1 Visa and after joing them , they will transfer the visa.
    Since I didnot work for my Current H1 B employer, I don't hav pay stubs from my H1 B employer. But I am working in India for ABC company and have my pay stubs.
    Please tell me now, Is it possible to transfer my H1 B with out paystubs of my current H1 employer?

  2. #2
    Join Date
    Jul 2006
    Location
    United States
    Posts
    1,959

    Thumbs down Ah!

    The oldest trick in the book. Why did you not let this current employer send you the airline tickets too and then fly to United States and THEN join the new employer.

    Of course I am being sarcastic!

    So you get one employer to pay for your H1B expenses and then join another one using this guy's visa!

    I really don't know what to say except I hope that someone does this to you too.

    Take care, my friend.

    PS: Regretfully, yes you can achieve what you are trying.
    Last edited by knowledgeable; 04-05-2008 at 08:37 AM.

  3. #3
    Join Date
    Feb 2008
    Posts
    789

    Default

    What company B is proposing is fraud. You need to reconsider joining an employer that asks you to do something improper.

    They must file a new petition, not under cap. You must wait the approval to travel and enter the US using the new approval notice.

    Entering on an approval notice for a company for whom you are not going to work is FRAUD. You might get away with it temporarily, but it likely will come back to bite you in the end.

    Do it the right way; follow the rules, or you'll be back asking how you can fix the mess you have created.

  4. #4
    Join Date
    Apr 2008
    Location
    Alien from Mars
    Posts
    11,350

    Default

    You would need a new I797 approval from them first before you travel. You can still use your existing visa for the travel.

    This petition is not subject to cap though.

  5. #5

    Default

    Think before transferring to another employer , ur first employer had spent some amount for ur H1B , atleast work for him for sometime , after that shift to another employer . There are so many cmpanies , ready to transfer ur h1B , You can try ...

  6. #6

    Default

    Hello frnds,
    Thanks for your concern on my H1 B sponser
    But my H1 B sponser took money Rs One lakh from me. He didnot do it for free of cost and also he offered very low salary package $55 k per anum.
    Hope you guys can understand my situation now.
    Please tell me the answer if any of you knows.

    Thanks in advance.

  7. #7
    Join Date
    Apr 2008
    Location
    Alien from Mars
    Posts
    11,350

    Default

    Well, paying for H1b is illegal and against the law. You chose to go with the offer when it was laid out in front of you, you made the choice to pay for the H1b. So, that is not an excuse.

    If you are joining another one of those (in)famous consulting companies, you are just transfering your peonage from one party to another. They are all the same kind!

    Good Luck!

  8. #8

    Default

    My question is, Is it possible to transfer my H1 B to new consultancy even if i don't have pay stubs from my Present H1 B employer? Since i didnot work for him, I can't produce paystubs.

    Please answer to my question if anyone of you know.

    Thanks in advance.

  9. #9
    Join Date
    Jul 2006
    Location
    United States
    Posts
    1,959

    Exclamation Yes

    Speak with your attorney.

  10. #10
    Join Date
    Jun 2007
    Posts
    1,047

    Default

    Pay stubs are needed only if you are in the U.S. Since you are in India, not having pay stubs is okay. And please, pay for the H1 this time as well if you haven't learned your lesson.

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