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Is it possible to transfer my H1 B visa without joining my Current H1 B employer?

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  • Is it possible to transfer my H1 B visa without joining my Current H1 B employer?

    I am working in india and I got H1 B stamped on October 2007 and it is valid till September 2010. I didnot got to USA yet.
    Is it possible to transfer my H1 B visa without joining my Current H1 B employer?
    I got an offer frm another Company and they told me to enter in to USA using Current H1 Visa and after joing them , they will transfer the visa.
    Since I didnot work for my Current H1 B employer, I don't hav pay stubs from my H1 B employer. But I am working in India for ABC company and have my pay stubs.
    Please tell me now, Is it possible to transfer my H1 B with out paystubs of my current H1 employer?

  • #2
    Ah!

    The oldest trick in the book. Why did you not let this current employer send you the airline tickets too and then fly to United States and THEN join the new employer.

    Of course I am being sarcastic!

    So you get one employer to pay for your H1B expenses and then join another one using this guy's visa!

    I really don't know what to say except I hope that someone does this to you too.

    Take care, my friend.

    PS: Regretfully, yes you can achieve what you are trying.
    Last edited by knowledgeable; 04-05-2008, 08:37 AM.

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    • #3
      What company B is proposing is fraud. You need to reconsider joining an employer that asks you to do something improper.

      They must file a new petition, not under cap. You must wait the approval to travel and enter the US using the new approval notice.

      Entering on an approval notice for a company for whom you are not going to work is FRAUD. You might get away with it temporarily, but it likely will come back to bite you in the end.

      Do it the right way; follow the rules, or you'll be back asking how you can fix the mess you have created.

      Comment


      • #4
        You would need a new I797 approval from them first before you travel. You can still use your existing visa for the travel.

        This petition is not subject to cap though.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

        Comment


        • #5
          Think before transferring to another employer , ur first employer had spent some amount for ur H1B , atleast work for him for sometime , after that shift to another employer . There are so many cmpanies , ready to transfer ur h1B , You can try ...

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          • #6
            Hello frnds,
            Thanks for your concern on my H1 B sponser
            But my H1 B sponser took money Rs One lakh from me. He didnot do it for free of cost and also he offered very low salary package $55 k per anum.
            Hope you guys can understand my situation now.
            Please tell me the answer if any of you knows.

            Thanks in advance.

            Comment


            • #7
              Well, paying for H1b is illegal and against the law. You chose to go with the offer when it was laid out in front of you, you made the choice to pay for the H1b. So, that is not an excuse.

              If you are joining another one of those (in)famous consulting companies, you are just transfering your peonage from one party to another. They are all the same kind!

              Good Luck!

              I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

              Comment


              • #8
                My question is, Is it possible to transfer my H1 B to new consultancy even if i don't have pay stubs from my Present H1 B employer? Since i didnot work for him, I can't produce paystubs.

                Please answer to my question if anyone of you know.

                Thanks in advance.

                Comment


                • #9
                  Yes

                  Speak with your attorney.

                  Comment


                  • #10
                    Pay stubs are needed only if you are in the U.S. Since you are in India, not having pay stubs is okay. And please, pay for the H1 this time as well if you haven't learned your lesson.
                    Check out H1 FAQs first!
                    http://www.immihelp.com/visas/h1b/h1-visa-faq.html

                    Comment


                    • #11
                      People have been telling you it is possible right from the beginning of this thread. If you want an explicit YES, here it is!

                      I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

                      Comment

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