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H1 approved. Employer is asking me to come in jan 2008.

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  • H1 approved. Employer is asking me to come in jan 2008.

    I got my H1B visa approved in sep. 2007. My H1 period has already started from sep22 2007. but Now my consultant is recommending me to come to US in jan/feb 2008. His reasoning is that in the end of year ( nov/dec.) there are not much hiring in the companies. In jan/feb 2008 there will be lots of openings.
    he does not want me to keep there without payroll untill I get any project with some of his client( which will not be before jan/feb)

    My questions are:

    1. If I stay in India after Getting H1b visa, Is it not a -ve point for me.
    When I go to US in Jan 2008, Aren't the immigration officials going to ask me the reason i didn't come to US earlier after I got my visa and joined my job immediately after I got the visa.

    2. If I go to US by end of nov.( if not right now) and stay there without getting any pay until jan or feb 2008 ( By then I'll possibly get some project) How is that going to affect my H1 standing or taxes or anything for which i should be concerned?

    3. While I am in India, If I get a job with some other company ( not through my consultant), Can i transfer my H1 visa with new employer.
    OR I am supposed to work with my consultant for soem time since he got the visa for me.
    OR I can go to US with my visa for current consultant and once i get there i can transfer it to my new company.

    Your help and guidance will be highly approciated.

  • #2
    Can you tell me through which Company/Consultant you got visa

    Can you tell me through which Company/Consultant you got H1visa


    • #3
      If you have a job in a good company in India stick with it. Joining a consultant is the biggest mistake. What your consultant says about more openings in January is a **** and bull story. This is not some cricket season or mango season we are talking about here. You can get placed anytime and by law he has to pay your when you are on H1 whether you get a project or not which most of these beggars dont pay. I had a headache with these consultants...they give you late pay-checks,no health insurance,simply say that they will pay you XYZZZZ$ and you dont earn that at all.
      I caution you against such clowns. real disgrace and shame. They talk like they are doing a big favor for you and if you dont get interview calls they say you are at fault which is not true at all.
      Choice is yours. I wonder which idiot this is and I have my red-flags. Please check some of the forums how people have faced problems.And when you want to leave they threaten you with law-suit which they really cant do anything and pull a stunt. Tell you one thing...they are real loosers and beggars. Take this is as a wake-up call. I am sure if you get another employer who can do your h1 you can go..no big deal.
      Note that this is not a legal advice. Consult your immigration attorney for the best upto-date information.


      • #4
        In my opinion andexperience it will be better for you to stay in India especially if you have a job there. Because if you are not being paid there then it will be tough financially and also illegal to do so as you will be out of ststus for that duration.

        A lot of consultants can set up interviews for you from here. If you have a paying job there continue with that.

        As for transfer it will be easier for any company to file for a H1 for you (since you have been counted once you are cap exempt for 6 years) when you are still in India rather than with you being out of status and no pay stubs.

        Rest is upto you but this advice is based on experience.