H1B Transfer in Counselor Processing

[vishalagrawal1]

Hi,

I worked in US till July' 2014 as a full time employee for company A on H1B Visa but I had to come back to india due to personal reasons. I continued working for company A as a contractor in India on India pay roll. My Visa and petition is valid till Auguest 2016. Now, I am planning to come back to US but company A is not willing to call me back yet. So another employer is ready to file my H1B transfer and he said he will file it in counselor processing since I am india and I don't have US salary slips or W2. Company B is consulting company which is finding a corp to corp job. My questions are:

1. Employer B is willing to file it in Premium Processing, what are the chances of approval? He said chances are more since its a counselor processing case?
2. What if I get the RFE, can I still travel to US and join the company? What would I say at POE?
3. Can I travel on Company A Visa?
4. Can I travel on Company A approved petition (valid for 5 more months)?
5. Please give me direction on how should I go about it?

Thanks,
Vishal

[vishalagrawal1]

Can someone please share knowledge?

[raghvi]

Hi,

I worked in US till July' 2014 as a full time employee for company A on H1B Visa but I had to come back to india due to personal reasons. I continued working for company A as a contractor in India on India pay roll. My Visa and petition is valid till Auguest 2016. Now, I am planning to come back to US but company A is not willing to call me back yet. So another employer is ready to file my H1B transfer and he said he will file it in counselor processing since I am india and I don't have US salary slips or W2. Company B is consulting company which is finding a corp to corp job. My questions are:

1. Employer B is willing to file it in Premium Processing, what are the chances of approval? He said chances are more since its a counselor processing case?
2. What if I get the RFE, can I still travel to US and join the company? What would I say at POE?
3. Can I travel on Company A Visa?
4. Can I travel on Company A approved petition (valid for 5 more months)?
5. Please give me direction on how should I go about it?

Thanks,
Vishal

First of all, you cannot work on C2C model while on H1. You have to work on W2. Also, as you are outside US, the only option to file a H1 petition is counselor process.
1. It would depend upon the strength of the petition and underlying documentation (client letter, SOW MSA etc).
2. Yes, but only till Aug 2016. Visa is not company specific even if it has the name of A on it, also you do need an approved valid I797 for the employer you would be working with to show at the POE.
3.Yes, if you are going to work for A.
4. Wait for B's petition approval and then travel on it or go for fresh stamping with B's petition.

Do not contemplate traveling with A's paperwork and not working for A and plan a transfer after reaching US, it could land you in trouble.

This is my opinion not legal advice.