H1-B transfer without payslips

[vobbil]

Hi,

My employer A has send me to US after he applied a H1-B visa.I returned back on Dec 2005.My present employer A is not going to sending me back to US even I had a valid US visa (expiry date April 2007).

Is there a way to transfer my H1-B to any consultancy company and then leave to USA with out going for PA(Personal appearence) in US embassy.
Please note that already 6 months have past being in india and hence I dont have any recent payslips of US.

Please give me your valuable suggestions.

Thanks.

[veena_swsh]

You should be physically present in the US on a H1B status to be eligible for a H1B transfer.

[vobbil]

Hi Veena..thanks for the reply.

Please tell me if this is possible:-
I will show my current visa at the port of entry and tell the officer at immigration that I am going to work for Company A(visa is on the company A name for which I am working currently in india).next day I will go and meet a consultant and ask him for a transfer.Is this possible to do without me having any recent payslips of USA.

[suresh24]

Don't do transfer in such a way. Ask them to file a H-1B petition while you are in india. Because you already had a H-1 within the past 6 years, you won't be subjected to cap.

[vobbil]

Thank you very much Mr Suresh for ur reply.

Can you please clarify one point to me i.e.If i apply for new h1-B from a cnsultancy company when I am in india then do I have to go for personal appearance in US embasy in India.

Actually I dont want to go for a PA because there are lot of rejections happenning these days.Please let me know ur thoughts on this.

Thanks.

[suresh24]

I am sorry I don't know about how the situation will be if the company applies for a new petition if you are outside US. May be you can enter with old visa and new petition in such cases too. It is better to contact an attorney.

My main point was if you resign from the company which has holds your H-1B and then attempt to travel without having a new petition approved in hand, you will face problems at POE.

[vobbil]

Thanks once again for ur reply.

How can I verify if my H1-B status.It is just to confirm that my employer has not cancelled it before I leave for USA.


As you said I will leave to USA with old visa and new petition in hands.My important question is say I have left to USA without resigning or without informing my employer in INdia.I will start looking for projects with help of the consultant company who has applied for H1-b.
Now to have a H1-B transfer I have to have 2months payslips and say i have not got a job for 3 months and thus pay slips are not generated.By 3 months my emplyoer in India knows that I have left the company and then he might cancel my H1-B visa in which case h1-b transfer will be impossible?

So it should be like i should get a job withing 2 months and transfer my h1-b before my company in india cancels my h1-b.

Thanks for your advice in advance!

[suresh24]

If you have a new petition from Company B, there is no question of H1B transfer once you enter US because you are going to work for company B.

What I am saying is if you are traveling with Petition of "Company A" to work for a different "Company B", it is an illegal mode of attempt to enter US and you may face problems. H1 transfers can only be done once you are in US. It is not possible to transfer outside US. If any employer says to travel on company A petition and says he will file transfer as soon as you enter US, I would not trust that employer.

I will leave the decision to you.

[smuggy_bomb]

hi vobbil

Hi vobbil,
I'm facing the same problem. I have been to USA and now I"m back and there are no chances of going again.
I have been contacted by a lot of companies that they'll file a petition on my
behalf and transfer the visa while in India.
Can u plz email me at smuggy_bomb at yahoo dot com so that we can share some more info.