Urgent - h1b transfer - pls help

[hpdash87]

Hi,

currently working for company a in india. Company b of usa offered & filed my h1b in 2014/april in premium. Got approved. Consular asked client letter asked client letter which comp b failed to produce due to loosing the project. Now comp c of usa offered better pay & refiled my h1b in cap exempt in premium. Got approved & now stamping done. I have received very very good offer from a us large mnc - comp d. Very much keen to join comp d & comp d will also do gc in eb 2 post eligibility. But comp d do not refile any h1 visa but only does h1 transfers.

Since i have the stamping now, which means i can travel to usa. Pls confirm ?

Hence can i travel to usa ( with stamping from comp c & comp c appointment letter ) & join comp d , instead of comp c. Once i join comp d, will ask comp d to do the h1b transfer from comp c. Is it ok ? Is it legally feasible ? Is there any risk or legal impact ? I have not been an employee of comp c. Will create any problem in transferring their h1b to comp d.in the comp c offer letter which i have signed/scanned/sent them, there is 1 year bond. Will that create any problem ? They may but i am not yet joined comp c. Any risk ?

Any advise / thoughts / pointers from experts - much helpful.

Thanks in advance.

[hpdash87]

Pls Advise.

Pls Advise.

[raghvi]

Hi,

currently working for company a in india. Company b of usa offered & filed my h1b in 2014/april in premium. Got approved. Consular asked client letter asked client letter which comp b failed to produce due to loosing the project. Now comp c of usa offered better pay & refiled my h1b in cap exempt in premium. Got approved & now stamping done. I have received very very good offer from a us large mnc - comp d. Very much keen to join comp d & comp d will also do gc in eb 2 post eligibility. But comp d do not refile any h1 visa but only does h1 transfers.

Since i have the stamping now, which means i can travel to usa. Pls confirm ?

Hence can i travel to usa ( with stamping from comp c & comp c appointment letter ) & join comp d , instead of comp c. Once i join comp d, will ask comp d to do the h1b transfer from comp c. Is it ok ? Is it legally feasible ? Is there any risk or legal impact ? I have not been an employee of comp c. Will create any problem in transferring their h1b to comp d.in the comp c offer letter which i have signed/scanned/sent them, there is 1 year bond. Will that create any problem ? They may but i am not yet joined comp c. Any risk ?

Any advise / thoughts / pointers from experts - much helpful.

Thanks in advance.

Visa and petition are two different things.

You cannot land in US on C's visa and C's petition and C's appointment letter and immediately start working for D. In order to work for D ask them to file a Cap exempt petition and travel with D's approved petition, and D's appointment letter.

If D does not agree, then enter US on C's petition and appointment letter, work for C for a few months and then try transfer to another employer if you wish to.

Basically you have to work for for the employer on whose petition you are entering US.

This is my opinion not legal advice.