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Can i transfer H1B while working in corp to corp job?

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  • Can i transfer H1B while working in corp to corp job?

    Hi,

    I am working for consultancy A. Consultancy B has a client C and hired me to work for the client C. There was a corp to corp signed between Consultancy A and B for six months. Can I transfer my H1B at any time or do I need to wait for six months to complete?

    Please advise.

  • #2
    Originally posted by emp@dayton View Post
    Hi,

    I am working for consultancy A. Consultancy B has a client C and hired me to work for the client C. There was a corp to corp signed between Consultancy A and B for six months. Can I transfer my H1B at any time or do I need to wait for six months to complete?

    Please advise.
    Check this thread : http://www.immihelp.com/forum/showth...act-confussion

    Who is processing your W2s? On whose H1 petition are you working? You are answerable only to that company. And that company should compulsorily pay you. And if you have signed any contract with that company you are liable only to that. Now whether that company has further signed anything with some other company it should not affect you. H1 employees should always be on W2.

    The above is the ideal situation. What generally happens, is that employees get stuck with such arrangements and as soon as they stop working for A, they stop getting paid. In general such arrangements do back dated payrolls, that is, one is gets paid 30-60 days later. So employees remain without pay stubs for 1-2 Months. When the employee tries to transfer the H1 visa USCIS asks for the latest pay stubs and employee is not able to submit them as his/payroll are already running late and eventually USCIS rejects the transfer leaving the employee stranded. The employee doesnt want to go complain to DOL also for fear of bigger legal mess and goes back to old employer.

    This is my opinion not legal advice.

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