Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

H1 transfer with SSN applied - Help Needed

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • H1 transfer with SSN applied - Help Needed

    Hi All,

    Requesting your help on the below:


    I came to US on H4 last year and a company filed for an H1. THe same got approved on oct 1.

    Now, the company is saying it will only generate payroll once i am on a project.

    In the mean time i have got a full time offer.

    Can you please answer the below questions:


    1) Can the new company transfer my H1 without paystubs

    2) Since i came to know that my current company will not generate paystubs, i did not apply for SSN.

    Now when the new company intiates transfer can i apply for SSN ans save a RFE?

    3) What would be the procedure for the company to transfer - will it be a COS or H1 Transfer

    4) If the company gets H1 transfer rejection, can i continue working for my current employer
    Aprreciate your help on the same and the company would file for the same tomorrow

  • #2
    Originally posted by johnt.fernades84 View Post
    Hi All,

    Requesting your help on the below:


    I came to US on H4 last year and a company filed for an H1. THe same got approved on oct 1.

    Now, the company is saying it will only generate payroll once i am on a project.

    In the mean time i have got a full time offer.

    Can you please answer the below questions:


    1) Can the new company transfer my H1 without paystubs

    2) Since i came to know that my current company will not generate paystubs, i did not apply for SSN.

    Now when the new company intiates transfer can i apply for SSN ans save a RFE?

    3) What would be the procedure for the company to transfer - will it be a COS or H1 Transfer

    4) If the company gets H1 transfer rejection, can i continue working for my current employer
    Aprreciate your help on the same and the company would file for the same tomorrow
    No payroll means you are out of status. And what does the employer mean that they will run payroll only while on project? On which project basis did they file the H1 in the first basis? Irrespective project or no project they are bound to pay you and you can complain to DOL if they dont.

    1. While out of status another company cannot file a cap exempt petition for you.
    2. This is no reason to not apply SSN.
    3. Its technically neither but for sake of simplicity folks call it a transfer.
    4. Depends, USCIS will most likely raise a concern regarding validity of current employer to provide job and work and worst case may revoke the petition.

    This is my opinion not legal advice.

    Comment


    • #3
      H1 transfer with SSN applied

      Originally posted by raghvi View Post
      No payroll means you are out of status. And what does the employer mean that they will run payroll only while on project? On which project basis did they file the H1 in the first basis? Irrespective project or no project they are bound to pay you and you can complain to DOL if they dont.

      1. While out of status another company cannot file a cap exempt petition for you.
      2. This is no reason to not apply SSN.
      3. Its technically neither but for sake of simplicity folks call it a transfer.
      4. Depends, USCIS will most likely raise a concern regarding validity of current employer to provide job and work and worst case may revoke the petition.

      This is my opinion not legal advice.

      Thank you so much for your response, really appreciate the same.

      Can you please help me on the below:

      1) I applied for SSN today and they said it would be around 4 to 6 weeks for receiving the same. As per my understanding - i will receive payslips only after the SSN is generated - this is what happened to my peers in a reputed company

      2) Now can i transfer or do a Cap exempt without the payslips stating my SSN is filed and provide the application number

      3) The company B is very keen on getting me on board and its my dream offer, they said they can do a cap exempt - I donot know what it means

      4) What other option do i have to make a transfer

      Thank you again for the help

      Comment


      • #4
        Originally posted by johnt.fernades84 View Post
        Thank you so much for your response, really appreciate the same.

        Can you please help me on the below:

        1) I applied for SSN today and they said it would be around 4 to 6 weeks for receiving the same. As per my understanding - i will receive payslips only after the SSN is generated - this is what happened to my peers in a reputed company

        2) Now can i transfer or do a Cap exempt without the payslips stating my SSN is filed and provide the application number

        3) The company B is very keen on getting me on board and its my dream offer, they said they can do a cap exempt - I donot know what it means

        4) What other option do i have to make a transfer

        Thank you again for the help
        Have you told B that you dont have pay slips and are not currently getting paid?

        1. Your current employer seems to be misguiding you. Employer can generate paystubs without SSN too. If they are not generating the same then something is fishy. http://www.socialsecurity.gov/employer/hiring.htm
        2. If you are not getting paid at all, then transfer is not possible as no pay means you are out of status.
        3. Cap exempt means you are already cap counted in last 6 Years.
        4. Three options:
        a. Get in a valid status by negotiating with A
        OR
        b. Complain to DOL against employer A, you status remains protested this way.
        OR
        c. Leave US and re enter on valid H1 stamped in passport along with B's approved petition.

        For obvious reasons, rarely people complain to DOL and dont want to leave US too and take risk. So the last option is to negotiate with A and get in status by getting payroll generated and once in status to try for a transfer.

        This is my opinion not legal advice.

        Comment


        • #5
          Originally posted by raghvi View Post
          Have you told B that you dont have pay slips and are not currently getting paid?

          1. Your current employer seems to be misguiding you. Employer can generate paystubs without SSN too. If they are not generating the same then something is fishy. http://www.socialsecurity.gov/employer/hiring.htm
          2. If you are not getting paid at all, then transfer is not possible as no pay means you are out of status.
          3. Cap exempt means you are already cap counted in last 6 Years.
          4. Three options:
          a. Get in a valid status by negotiating with A
          OR
          b. Complain to DOL against employer A, you status remains protested this way.
          OR
          c. Leave US and re enter on valid H1 stamped in passport along with B's approved petition.

          For obvious reasons, rarely people complain to DOL and dont want to leave US too and take risk. So the last option is to negotiate with A and get in status by getting payroll generated and once in status to try for a transfer.

          This is my opinion not legal advice.
          Thank for your response.
          But the Company A is not ready to generate the payroll. What do i do now

          Comment


          • #6
            What A is doing is illegal.

            I listed the options that I know of, do approach an experienced attorney to determine what is best for you.

            This is my opinion not legal advice.

            Comment


            • #7
              Originally posted by raghvi View Post
              Have you told B that you dont have pay slips and are not currently getting paid?

              1. Your current employer seems to be misguiding you. Employer can generate paystubs without SSN too. If they are not generating the same then something is fishy. http://www.socialsecurity.gov/employer/hiring.htm
              2. If you are not getting paid at all, then transfer is not possible as no pay means you are out of status.
              3. Cap exempt means you are already cap counted in last 6 Years.
              4. Three options:
              a. Get in a valid status by negotiating with A
              OR
              b. Complain to DOL against employer A, you status remains protested this way.
              OR
              c. Leave US and re enter on valid H1 stamped in passport along with B's approved petition.

              For obvious reasons, rarely people complain to DOL and dont want to leave US too and take risk. So the last option is to negotiate with A and get in status by getting payroll generated and once in status to try for a transfer.

              This is my opinion not legal advice.
              Thank you for your response Sir.

              Can you please explain the below to be:

              c. Leave US and re enter on valid H1 stamped in passport along with B's approved petition.

              Do i leave the country now and then from India ask my company to file for a CAP exempt?

              Comment

              {{modal[0].title}}

              X

              {{modal[0].content}}

              {{promo.content}}

              Working...
              X