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H1 Visa Transfer without joining the employer who sponsored it

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  • H1 Visa Transfer without joining the employer who sponsored it

    Hello,

    I am on H4 visa in US. I got my H1B visa this year and the petition is approved so I can start work from 1st Oct. I got my H1B filed from a desi consultancy. I am not liking the way they are pushing for paid training, projecting my CV in market and the profile they are offering. I want to change the company before 1st Oct.

    I want to understand can I change my employer to another employer B, via H1B transfer even though I do not join the company who had sponsored my H1B (considering I am in US and mine is case of H4 to H1B). Secondly, is it mandatory to have pay slips from employer who sponsored H1B, for H1B transfer.

    Thanks for help in advance!

  • #2
    Originally posted by Aishwarya1986 View Post
    Hello,

    I am on H4 visa in US. I got my H1B visa this year and the petition is approved so I can start work from 1st Oct. I got my H1B filed from a desi consultancy. I am not liking the way they are pushing for paid training, projecting my CV in market and the profile they are offering. I want to change the company before 1st Oct.

    I want to understand can I change my employer to another employer B, via H1B transfer even though I do not join the company who had sponsored my H1B (considering I am in US and mine is case of H4 to H1B). Secondly, is it mandatory to have pay slips from employer who sponsored H1B, for H1B transfer.

    Thanks for help in advance!
    USCIS used to allow that, but off late there have been RFEs/denial for such a transfer saying that one is not considered cap exempt till one actually joins the original employer who filed the petition.

    This is my opinion not legal advice.

    Comment


    • #3
      Hi Raghvi,

      Are there any official communication about this? I.e alien considered non cap exempt if they did not join the original petitioner

      Comment


      • #4
        L1 to H1 Transfer

        Hi,

        I am on L1 and working in Texas, USA.

        I don't want to join the company who had sponsored my H1B (considering I am in US and mine is case of L1 to H1B).

        1) Can I transfer my L1 to any company other than than my H1 sponsor?

        2) Is it mandatory to have pay slips from employer who sponsored H1B, for L1 to H1B transfer... I have many pay slips with my company on which currently am working on L1 for many years

        Please help me to take wise decision ASAP..

        -- Ashwarya, sorry for using this post to ask my questions. Since the case little similar..just asked here..

        Kumar

        Comment


        • #5
          Originally posted by Aishwarya1986 View Post
          Hello,

          I am on H4 visa in US. I got my H1B visa this year and the petition is approved so I can start work from 1st Oct. I got my H1B filed from a desi consultancy. I am not liking the way they are pushing for paid training, projecting my CV in market and the profile they are offering. I want to change the company before 1st Oct.

          I want to understand can I change my employer to another employer B, via H1B transfer even though I do not join the company who had sponsored my H1B (considering I am in US and mine is case of H4 to H1B). Secondly, is it mandatory to have pay slips from employer who sponsored H1B, for H1B transfer.

          Thanks for help in advance!
          Hi Aishwarya, I am in similar situation. Please advice what action did u take in 2015

          - - - Updated - - -

          Hi Aishwarya, I am in similar situation. Please advice what action did u take in 2015

          Comment

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