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Issue with H1b Transfer with Receipt No and Premium Process

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  • Issue with H1b Transfer with Receipt No and Premium Process

    I came to US on H1b with company XX in Jan-07. I had worked one year with company XX and then I went to India for vacation on Feb-10-08 and I came back to US on 2nd April-08. My employer had no project in april-08 so he asked me to change my employer ASAP, so I had transfer my h1b to company
    YY without recent paystub (i.e. feb-08 and march-08 paystub. Because I was India in these months and passport & I-94 is the proof that I was India at that time). I had given 2 paystubs of Dec-07 and Jan-08 to company YY for H1b transfer. I got receipt no (EAC No) on Apr-20-08 from company YY. He gave me one project for only for 2 weeks from April-21-08 to May-02-08. I got 2 paystubs for April-08 and May-08 from company YY. Now my employer YY is not able to find a project for me.
    My employer YY does not pay me on bench period. In future he will give me a paystub if I will give him employer tax to generate paystub otherwise my employer does not give me paystub and money too. Now company ZZ gives me a good offer and good project. So I have following questions to ask you

    1. Is it possible to transfer my h1b to company ZZ with receipt No of company YY?

    2. I want to use premium process for H1b transfer to company ZZ, it will take 15 days time for approval, but the lawyer of company ZZ told me that premium process is not good for me in this situation because I have no approval I797 of company YY. I have only receipt no (EAC no) and I will get query with premium process
    Lawyer told me that your new H1b approval is depend on your old employer YY’s approval and that is under process so we cannot get approval with premium process.
    So he asked me to go for general process instead of premium process for h1b transfer. I want to know that is the lawyer right in giving this suggestion for going with general process?

    3. I want to transfer my h1b to company ZZ with premium process. If I get a query after premium process will it create any effect of h1b process of my employer YY which is under process now?
    4. If I will transfer my h1b to company ZZ with general process then it will take 3 month processing time. Meanwhile if company YY h1b transfer process gets a query on its approval will it create any affect of h1b process of my new employer ZZ? Or new employer ZZ will also get the query in its approval in future?

    5. Lawyer of company ZZ gave me 2nd option that I can transfer my h1b to company ZZ after I get the approval from company YY, but company YY h1b transfer is under process and it might take 2 or 3 months for approval. And company YY might not provide paystub in future, so it will create a problem for h1b transfer after 1 or 2 month because that time I have no recent paystub.

    6. I want make my h1b safe in future. In above situation what is the better option for me?
    Can I transfer my h1b to company ZZ with general process or premium process?
    Or better to stick with my current employer and transfer my h1b after getting the approval.

    Kindly please give me advice in this situation. I need to make a decision ASAP.

    Thanks,

  • #2
    Originally posted by shahistahotelwala
    My employer YY does not pay me on bench period. In future he will give me a paystub if I will give him employer tax to generate paystub otherwise my employer does not give me paystub and money too. Now company ZZ gives me a good offer and good project. So I have following questions to ask you

    What do you mean by You have to pay him for generating the paystubs. Your case is full of illegeal stuff. You are looking into only a smaller picture. All these illegal stuff will come out during your green card process. I am 100% sure that your new consultant ZZ is also shandy consultant and no wonder if you come back on this forum after a few months if ZZ won't give you project and paystubs and you will ask the same question one more time.

    Comment


    • #3
      This is shahistahotelwla again. I am 100% sure my new emplyer ZZ is good and they will be give me a project and pay stub too. Kindly please give me the remaining questions's answer. so i can make my decision soon

      Comment


      • #4
        Originally posted by shahistahotelwala
        This is shahistahotelwla again. I am 100% sure my new emplyer ZZ is good and they will be give me a project and pay stub too. Kindly please give me the remaining questions's answer. so i can make my decision soon

        OK. In my opinion, upgrade your H-1b transfer in a premium process from XX to YY and so that you will get your H-1B transfer in 15 days and then file your h-1b transfer from YY to ZZ in normal process.

        Comment


        • #5
          Shahistahotelwala again. I really appreciate your effort in this regards.
          I like your opinion but it will take more 1 month to do. first 15 days to convert process Normal to Premium and other 15 days for premium process approval. in this time my employer YY might not give me paystub for next month so i can not transfer my H1b to company ZZ after 1 month.

          I have one question for you. Can i transfer my h1b to company ZZ with my first employer XX's Approval means I797B. I have valid approval I 797B of my first employer XX. Can i transfer to company ZZ with first employer XX's Approval I 797B?

          Comment


          • #6
            Originally posted by shahistahotelwala
            Shahistahotelwala again. I really appreciate your effort in this regards.
            I like your opinion but it will take more 1 month to do. first 15 days to convert process Normal to Premium and other 15 days for premium process approval. in this time my employer YY might not give me paystub for next month so i can not transfer my H1b to company ZZ after 1 month.

            I have one question for you. Can i transfer my h1b to company ZZ with my first employer XX's Approval means I797B. I have valid approval I 797B of my first employer XX. Can i transfer to company ZZ with first employer XX's Approval I 797B?
            Why 1 month and why you need 1 month paystubs from YY? To upgrade your H-1B transfer From XX to YY, your attorney has to fill only one form which will hardly take a couple of hours and $1000. I don't think even you need 1month paystubs from YY. You just need may be 1 paystub

            How can you transfer from XX. You are emlpoyed by YY not XX. How can you transfer from XX to ZZ as you are not working for XX. To transfer H-1b you must need paystubs (a decent job). It is completly illegal to pay to your emlpoyers to generate paystubs. DO NOT DO ANYTHING AGAINST THE LAW.

            You ae not getting reponses from our experts of the forum as you are doing againt the law.
            Last edited by enigmatic10me; 06-01-2008, 04:49 PM.

            Comment


            • #7
              Thanks for your advice I really appreciate it.I think my employer YY will not do premium process for me, because I already told him premium process while I applied h1b transfer in apr-08.
              Can you please give me other option that makes my h1b safe in future?

              Comment


              • #8
                I am responding to the original post.

                First, you are not eligible to use AC21 H1b portability and join and start working for employer YY as you were out of status when the H1b transfer was filed originally. That puts you at a bigger risk if you transfer to ZZ now.
                You are currently out of status as well and this adds more risk to your transfer with a receipt to ZZ. In reality, there is no way you can transfer. Generating paystubs?? What else can the employer do? Pull a momnkey out of thin air? Your employer is a shady employer resorting to illegal practices. Why not follow the law in this country and complain to DOL on a WH4 form. Immihelp main page has instructions on how to do it.

                1. In general yes, but in your situation, either you are resorting to illegal stuff which will haunt you later on.
                2. You can very well PP the H1b to ZZ but it may get approved as a CP which will require you to leave the country and re-enter on H1b. You can still use your existing visa if valid.
                3. Your transfer to YY is already in problems as per my interpretation. You are most likely to get RFE.If the transfer to ZZ comes with a I-94, you will be fine whatever happens to YY's petition.
                4. Yes, if YY gets denied, ZZ will also get denied in such circumstances.
                5. Transfer or extension of stay is not possible without one being in proper status currently.
                6. Safest way is not resorting to illegal practices and support shady employers. You should go with the CP option as you are currently out of stay if you were to ask for my personal opinion.

                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


                • #9
                  Thank for your response. I really appreciate it. I want to know that how come I am out of status now. I have pay stub till Jan -31-07. In feb-10-08 to apr-02-08 I was on vacation. It means my employer not provide paystub during the vacation. And after come back to India I got a project for 2 week, and I got 2 pay stubs of apr-08 and may-08. So I have continued paystub.

                  1.Kindly please explain me that how come I am out of status now? do you means i was vacation during feb-10-08 to apr-02-08. and i have no pay stub during the vacation it means i am out of status now?

                  2. Regarding your question1’s answer, In general yes, but in your situation, either you are resorting to illegal stuff which will haunt you later on.
                  How can it create a problem in future?

                  Kindly please give me the answer of above questions.

                  Comment


                  • #10
                    Any time you don't get paid on H1b, you are deemed out of status. Project or not, you need to get paid. That is the law. Employers are required to follow that.

                    You need to get paid in first few weeks of April after entry on H1b and later on as you were without work and paystubs.

                    Illegal stuff is what you talked about paying employer taxes etc. In general, when one has been maintaining proper status without gap in paychecks, it is possible.

                    Your employer is trying to get rid of his liability to pay you by suggesting crappy solutions to you. Google for WH4 + DOL.

                    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


                    • #11
                      Originally posted by txh1b
                      Any time you don't get paid on H1b, you are deemed out of status. Project or not, you need to get paid. That is the law. Employers are required to follow that.

                      You need to get paid in first few weeks of April after entry on H1b and later on as you were without work and paystubs.

                      Illegal stuff is what you talked about paying employer taxes etc. In general, when one has been maintaining proper status without gap in paychecks, it is possible.

                      Your employer is trying to get rid of his liability to pay you by suggesting crappy solutions to you. Google for WH4 + DOL.

                      Why only to blame on the employer txh1b. I think these guys also should equally responsible for the out come. I am 100% sure when that shady consultant offered him a job, he might have clearly mentioned about the bench pay and other illegal stuff. By accepting all these terms, all these folks are also partners in the crime. I think we shouldn’t give any guidance on this kind of issues to any one else in the future. I am also going to delete my previous posts on this issue. I am sorry I expressed my opininon on this issue earlier

                      Comment


                      • #12
                        Originally posted by enigmatic10me
                        Why only to blame on the employer txh1b.
                        I blame the employers because the law says so. What they agree with an employee is immaterial as the law requires them to pay as per the sign on the LCA for the H1b filed with DOL.

                        People that go with such employers will have their fair share of agony with H1b stamping delays, I140 rejections, RFEs, GC delays and rejections, no peace of mind etc.

                        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


                        • #13
                          regarding Paystub

                          I am working for a consultancy company and they are directly depositing me the pay also but not giving me the paystub fearing I would tranfer my H1 visa,how I can get the paystub,but Hr has sent me the messed email,regarding my pays..Let me know how to tackle this issue

                          Thanks,
                          Sharp

                          Comment

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