H1b visa and H1B transfer

[nagaraju]

Hi All,



I have couple of queries on H1B visa and H1B transfer.I am giving my history and asking questions so it may have more sentences,but in order to have clear picture I am doing like this.Please help me on this.



My status now :



I work for indian company X which filed the H1B and I got H1B visa stamped from the same company(X).

I am still in the process of getting one project that means I am still in india.If I get any project ,I have to go to US.



Meanwhile other company Y(desi consulting company) communicated with me and suggested below process:



I have to go to US on present company (X) visa and I have to manage at port of entry.After I reached US ,they will start the H1B transfer process to their company(Y).They are telling it will be done within 10 days.



For that I have to resign from company X in india.



I) But I have couple of queries about what and all options I have now in above case:



1) If I go on present company (X) VISA ,Can Y company be able to transfer my H1 without any problem for me from X company?

2) Is H1b transfer gauranteed if Y company starts the process in all cases?



3) Will X company cancel my H1 visa after I resign from that company(from the day I started the notice period)?If it cancels,obviuosly Y company won't be able to do transfer.Can they do it within a timeframe?



3)Is there any clause in law that if person is in india,they(X) can't cancel the visa?



4) If I don't resign from X company and go to US on their visa and then do H1b transfer from y,What would be the consequence?



II) Now I have couple of queries on another(below) case:



If I find any project with X and go to US: Please look into bracket which is very important

(Note: I might have to sign some bond papers before going to US :

That says I have to pay some money to X and return back to india and serve 3 months notice period If I do any H1 transfer after couple of months)

After going there on present company VISA(X),Can I do H1 transfer without any problem from X company?

I heard from so many guys and couple of guys from my company went and they did H1b transfer.Nothing happned to them even though they signed some bond papers.I heard according to US law that will not work.



I want to once agins confirm,will there be any problem from X for H1b transfer?Do I really need to come to india to serve notice period?

[kadkhiq81]

H1b visa and H1B transfer

Hi Nagu,

Here is my best suggestion and Please note that this is what I have done when I was in your situation. This is the safest way to do so..

1. Tell your company X that you cannot travel without approved transfer petition. It is illegal to travel with your current company petition to work for other company and more over you will be in very tough situation if you get deport at port of entry as you would have already resigned from your current company. I think this is the worst plan if any can think of that option.

2. Here is what you need to do...To me personally, Your X seem to be not a legitimate employer and you will end up in a trouble even if you decide to proceed with him. So, Try to find any other consulting company (let me know if you need any help on this) I can direct you
and you can decide to proceed or not) and then initiate the transfer process in premium mode. You will get the result in 15 days and you can decide to whether to resign from your current employer or not based on that output. By doing that, you are not going to loose your job.

3. If the transfer get approve, then you can travel with the new approved petition and existing stamped visa (if it is still valid during your day of travel). In this way, You are not doing any wrong.

I have never heard of any company asking to sign the bond to work for three months from India. This is very fishy. Check your X again and try to enquire more about this company if you have someone working for them.

Hope this helps but be careful!!

This is my opinion.

[Nattybone]

Hello, Naga.

This X Company certainly sounds very shady. Also, this prospect of entering USA on X's H1B after resigning from X in India is fraught with dangers and you should NOT try this.

I have one suggestion, if it helps you. Your H1B with X is approved. Clearing the annual draw is also a big deal. Now that you are post this H1B draw, is it possible that this Y desi consultancy company files for an H1B for you (as the cap is already taken care of, all you need is a project letter from an end client) and you appear for a fresh interview at the visa consulate while still working for X in India. (I am positive Company X will not learn about this petition by Company Y).

Once your petition is approved for Company Y, appear for the interview again and once visa stamp is granted, you could quit X and enter USA with the correct visa of company Y.

Hope this helps.

Cheers,

Hi All,



I have couple of queries on H1B visa and H1B transfer.I am giving my history and asking questions so it may have more sentences,but in order to have clear picture I am doing like this.Please help me on this.



My status now :



I work for indian company X which filed the H1B and I got H1B visa stamped from the same company(X).

I am still in the process of getting one project that means I am still in india.If I get any project ,I have to go to US.



Meanwhile other company Y(desi consulting company) communicated with me and suggested below process:



I have to go to US on present company (X) visa and I have to manage at port of entry.After I reached US ,they will start the H1B transfer process to their company(Y).They are telling it will be done within 10 days.



For that I have to resign from company X in india.



I) But I have couple of queries about what and all options I have now in above case:



1) If I go on present company (X) VISA ,Can Y company be able to transfer my H1 without any problem for me from X company?

2) Is H1b transfer gauranteed if Y company starts the process in all cases?



3) Will X company cancel my H1 visa after I resign from that company(from the day I started the notice period)?If it cancels,obviuosly Y company won't be able to do transfer.Can they do it within a timeframe?



3)Is there any clause in law that if person is in india,they(X) can't cancel the visa?



4) If I don't resign from X company and go to US on their visa and then do H1b transfer from y,What would be the consequence?



II) Now I have couple of queries on another(below) case:



If I find any project with X and go to US: Please look into bracket which is very important

(Note: I might have to sign some bond papers before going to US :

That says I have to pay some money to X and return back to india and serve 3 months notice period If I do any H1 transfer after couple of months)

After going there on present company VISA(X),Can I do H1 transfer without any problem from X company?

I heard from so many guys and couple of guys from my company went and they did H1b transfer.Nothing happned to them even though they signed some bond papers.I heard according to US law that will not work.



I want to once agins confirm,will there be any problem from X for H1b transfer?Do I really need to come to india to serve notice period?

[nagaraju]

Hi kadkhiq81(I mentioned this name as it is in this site),

Thank you very much for your reply.I was not able to think proper way until I got your reply.Thank you very much for giving me relief.I just have one query on your reply.

I got whatever you explained and that seems to be safest solution.Just one correction I wanted to make in your understanding is I got the Visa from company X and Company Y wants to make transfer.Anyways it does not matter.

As you mentioned,If some other company(A) files petition and gets the H1B transfer in 15 days,Can I go to US on company X visa(As you know I already have visa from current company X) as you told?

Do I still need to attend visa interview again for company A petition?

If I want to have the transfer being in india,Can you give some companies list as you told?Can you help me in that?

[kadkhiq81]

H1b visa and H1B transfer

Yes and you can very well do that as long as the stamped visa in the passport is valid on the day of your travel. I do agree that you have your current company name printed on your visa and it does not matter as you will be holding your new transfer approved petition along with you during your travel.

Hope this helps!!