H1 Transfer please help

[orion]

You dont need to tell anything to your current company if you wish to leave them, all you need to do is to file for an H1 transfer with the help of the new company and start working for them as soon as the application is received at USCIS. I suggest not to go premium processing as it will give undue attention to the application. Collect all the proof you have regarding your employment with current company and attach to the application. A dated letter as I described earlier confirming your employment with the company from xx time to current date will be most helpful if there is no way you can get pay-stubs. Success has been reported in transferring H1 without pay-stubs too. Pay stubs are a proof of you being employed with the company who holds your visa currently. This proof can be substituted by other documents too, in the absence of pay-stubs to convince the officer adjudicating your application, though the rules demand pay-stubs.

Also, I would like to add that if the new company is again a consulting company or a body-shopper, then it wont be long that the current situation will arise again with the new employer. Keep hitting all the requirements in the market and do your best to get a job on your own, dont rely on your employer for that. Wish you all the best.

[akhilyadav]

but the situation is if i go away now my current company will terminate my job contract. and they fire me from company. than there might be a problem i think.

[orion]

You are leaving them before they can fire you. They can terminate your job contract which you dont need anyway, but infact you'll terminate it first by joining another company. Once you join another company, why do you care what your ex-employer does? If you think you company can cancel your visa then thats not possible, they cant force you to leave the country in anyway. Other than this I dont know whats your confusion about leaving them. Every other person does this, take a look at posts in this forum, everyone wants to switch employers and asking how's and what's abt transferring visa, that too under many different scenarios, smtimes smone wants to change employer sitting in their home country!

[C4us]

They cannot hold you prisoner. If they refuse to let you leave whenever you want, call 911 and ask for assistance. You can be in no worse shape than you are now.

The US government does not permit this type of action by anyone. There have been instances where companies have done some of what you have indicated and the companies executives have been charged with a crime. If you have done nothing wrong, all that can happen to you is that you will need to return home before begnning to work for your new employer.

If they fire you, they must provide a return ticket to your home. They cannot affect you in that you have been counted in the cap already.

Since you have not been working, you are out of status anyway. You cannot transfer to another company easily.

Call an immigration lawyer; check the AILA.org website for one near you. If you cannot afford a lawyer, call Catholic Charities as they provide low cost or free services for immigration problems in many areas or can provide a referral to someone who can halp you.

[akhilyadav]

thanks everybody who replied . really thanks a lot. but what if i make **** payslips and transfer my H1 ? you think it will create problem ?

[akhilyadav]

my wife is also here. so incase of consular processing my wife also needs to leave the country ?

[txh1b]

thanks everybody who replied . really thanks a lot. but what if i make **** payslips and transfer my H1 ? you think it will create problem ?

Don't even think about it!

[DMX17]

Oh that guest house of the Shady consultants !

I may have to write a lunch-time story on "the Guest House" some day.

Stay tuned to this forum !

[txh1b]

Stay tuned to this forum !

Bring it on! I am all ears!

[akhilyadav]

give some suggestions buddy i am trapped over here. please help me if you know something

[DMX17]

Yadav,

I thought you had been provided with options. If you are asking about my story...

My story on "the Guest House" is currently in Phase 1 (concepts/character selection).