H1b transfer while on vacation in India

[qrm1139]

Hi Everyone,
I recently came to India to visit my family as my wife was not keeping well. I landed in India on 6th Sept 2013. My employer who runs my payroll is a big consulting firm. Initially my client gave me permission for 3 weeks vacation but because of my wife's health, I had to extend my stay by 3 more weeks. My client didn't like this and terminated my contract. However, I was successful in getting visa stamping by using this clients letter. Now I have a valid I 797 and a visa till March 2016. Since I don't have a project my employer won't runn my payroll if I go to US at this time. My problem is my employer is not able to find me a project. I like this employer but might switch to a new employer who can get me a project soon. Its been more than 6 weeks now since I am in India and it may be a while before I find a new employer who can find me a project.

My quetions:

1) I have pay stubs till 6th Sept 2013. If suppose I find a new employer in next 1-2 months (say suppose by 6th Dec 2103), would it be possible to transfer my H1b to a new employer if I don't have latest paystubs by 6th Dec?

2) Would I require H1B visa stamping again for this new employer?

3) I have 140 approved with this employer, if I switch my employer, can I retain my priority date with new employer if my employer decides to cancel my 140 and h1b?

Thanks in Advance

[Nattybone]

Hi Everyone,
I recently came to India to visit my family as my wife was not keeping well. I landed in India on 6th Sept 2013. My employer who runs my payroll is a big consulting firm. Initially my client gave me permission for 3 weeks vacation but because of my wife's health, I had to extend my stay by 3 more weeks. My client didn't like this and terminated my contract. However, I was successful in getting visa stamping by using this clients letter. Now I have a valid I 797 and a visa till March 2016. Since I don't have a project my employer won't runn my payroll if I go to US at this time. My problem is my employer is not able to find me a project. I like this employer but might switch to a new employer who can get me a project soon. Its been more than 6 weeks now since I am in India and it may be a while before I find a new employer who can find me a project.

My quetions:

1) I have pay stubs till 6th Sept 2013. If suppose I find a new employer in next 1-2 months (say suppose by 6th Dec 2103), would it be possible to transfer my H1b to a new employer if I don't have latest paystubs by 6th Dec?

2) Would I require H1B visa stamping again for this new employer?

3) I have 140 approved with this employer, if I switch my employer, can I retain my priority date with new employer if my employer decides to cancel my 140 and h1b?

Thanks in Advance

Hello, QRM.

Tell me what if you enter USA on this same employer's visa. From what i understand is, your employer is same, but the client will change as the existing client has terminated your contract. Now, if you enter USA on this H1B and upon entering start finding a new client. I do not feel you will have trouble landing a new project soon. Be open to all locations across US for the first project.

If need be, you can request the employer to run the first payroll by paying him the money (you could give him the money to run one month's payroll, after you enter USA) for a month. In one month's time, you should be able to find a project.

Why do you need another stamp - Kindly clearly describe your client and employer. Are they the same parties? Or there is a client and there is an employer separately?

If the employer cooperates, you should be able to retain your Priority Date.

Wishing you luck.

Cheers,

[Shiva.]

Hardship clause in H1B visa

Hi,

My employer do not have work for me and not able to find project also. He is not running my paystub. Is there any way to transfer my visa? I am able to find project and job from other companies those are not ready to work with my employer. what options do i have ?

Is there any clause in H1B called "Hardship Clause" ?

Please advise.

[Nattybone]

Hi,

My employer do not have work for me and not able to find project also. He is not running my paystub. Is there any way to transfer my visa? I am able to find project and job from other companies those are not ready to work with my employer. what options do i have ?

Is there any clause in H1B called "Hardship Clause" ?

Please advise.

Hello, Shiva.

I am not aware of Hardship Clause, sorry.

But, if you have another Client ready to offer you a Project, then also you should be fine.

a) You have the visa to enter USA and work
b) You have a client who is willing to offer you a job

i) What you need is someone who can sponsor your visa and who the client is willing to work with

At the moment, the company who is sponsoring your H1B is Company X and the Client who you were working with was Company A. Now, if you enter USA on their visa and upon entering (you already have a new Client Company B for employment), you immediately file a petition for transferring H1B sponsorship to Company Y based on employment from Client B, will it not work?

I think it can. What you need is a new H1B sponsor. If you do not have one, or cannot find one. Let me know, i could suggest someone.

Hope this helps.

Cheers,