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Contractor on bench during H1 transfer

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  • Contractor on bench during H1 transfer

    Hello,

    I am in need or urgent help or advice.
    2-3 weeks ago, I resigned from company A only after I cleared an interview and got W2 hourly offer from a consultancy B for a position with Client C. Just at the end of the day of resigning from A, I came to know from B that C rolled back their decision for the new position due to some unknown reason. Not sure what part of that is true.
    I tried moving back to A and withdraw my resignation but for some reasons that didn't happen as I expected - so that wasn't an option for me any more.
    My H1 transfer from A to B is still in progress and a week ago I received the Receipt number for H1 transfer. B is trying to show me some new opportunities, but says the first offer letter issued is no more valid as it was based on the position with C and is on Consultant per Hour bill rate basis. So, I'm not being paid while on bench, not even their insurance or any benefits, though I have signed their employee agreement form.
    Now, B is trying to change the terms saying lesser bill rate if I'm opting for GC processing - this point B did not tell before, even though I told him about GC processing right from the time I started talking to B. Now, will I be having a problem with B if I find any other employer D and try to transfer my visa from A to D, since transfer to B is not complete? B is telling that they will not stand in the way if I want to transfer my visa to D, but I am not able to completely believe them as they are trying to take advantage of the situation.
    Please help me out.

    Regards
    SR495

  • #2
    Originally posted by SR495 View Post
    Hello,

    I am in need or urgent help or advice.
    2-3 weeks ago, I resigned from company A only after I cleared an interview and got W2 hourly offer from a consultancy B for a position with Client C. Just at the end of the day of resigning from A, I came to know from B that C rolled back their decision for the new position due to some unknown reason. Not sure what part of that is true.
    I tried moving back to A and withdraw my resignation but for some reasons that didn't happen as I expected - so that wasn't an option for me any more.
    My H1 transfer from A to B is still in progress and a week ago I received the Receipt number for H1 transfer. B is trying to show me some new opportunities, but says the first offer letter issued is no more valid as it was based on the position with C and is on Consultant per Hour bill rate basis. So, I'm not being paid while on bench, not even their insurance or any benefits, though I have signed their employee agreement form.
    Now, B is trying to change the terms saying lesser bill rate if I'm opting for GC processing - this point B did not tell before, even though I told him about GC processing right from the time I started talking to B. Now, will I be having a problem with B if I find any other employer D and try to transfer my visa from A to D, since transfer to B is not complete? B is telling that they will not stand in the way if I want to transfer my visa to D, but I am not able to completely believe them as they are trying to take advantage of the situation.
    Please help me out.

    Regards
    SR495
    Who are you working with currently ? If you have already quit working for A and have joined B with a receipt no. and if D starts a transfer, that transfer will be successful only if transfer to B is successful. Always join any employer only after H1 petition is transferred completely.
    This is my opinion. Not a legal advice

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