H1B Transfer *Need urgent help*

[pcthepc]

Hi All,

Situation: My H1B was with employer A. Due to project ramp down, Emp A asked me to go back to India in 2 weeks. I was not in a situation for that and panicked and hence transferred my petition to a small consultancy(emp B). I got my receipt after 2 weeks and then I quit Emp A. Now I have not got a project till now( its almost 2 months) and hence not getting payed. I am afraid that my petition will go for RFE. Since I don't have a client, I am quite tensed. Meanwhile if I get any full time jobs with an emp C, can I do the transfer my petition to Emp C with the receipt notice that I got? What are the risks in that?

Please help me with your thoughts

Thanks

[shervin143]

You are currently out of status on H1B since you don't have the latest payslips. Transfer from employer B to employer C will not get approved when you are out of status. You will most likely get an RFE if the transfer is filed. That being said, your H1B employer should pay you as per the approved LCA, irrespective of whether they can place you at a client location or not. If not, you can complaint to DOL and make them pay to reinstate your H1B status.

https://www.immihelp.com/h1b-visa-employer-violations-complaint-procedure/

[pcthepc]

Thanks for replying Shervin.

One more doubt. If I get my pay stubs with employer B, can I apply for transfer with employer C before the petition with emp B is approved?

[shervin143]

Yes, you can file a transfer from employer B to C if you have the latest payslips. However, since your petition with employer B is still pending, the transfer from B to C will be treated as a bridge petition. Meaning, employer C's petition will get approved only if employer B's petition gets approved. Without that, there is technically no transfer from B to C.

Thanks for replying Shervin.

One more doubt. If I get my pay stubs with employer B, can I apply for transfer with employer C before the petition with emp B is approved?