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  • H1 Transfer and previous employers service certificate

    Hi,

    I got a FT position and planning to transfer my Visa.Here is my situation.

    I was working in India for a MNC and I got my H1 stamped.I was asked to work for the same company by transfering the visa after I reached US.Honestly, I was not aware of anything about the legal formalities.I thought , its pretty easy to work for anybody by transfering the visa.I travelled in June ' 2006. I am with the same employer.My HR Manager told that time I can transfer.I said okInitially they granted absence without pay and they asked me to transfer.After I came here , I dont want to move to that company .I asked them to relieve and provide me the service sertificate.They relieved me and gave me the certificates.

    They relieved me in November 2006.I started working in US from June 2006.6 months overlap is there in my service certificate.

    I have all my pay checks and W2 froms.

    I got an good offer and its a big company.I dont want to miss the chance .


    Will service certificate overlap be an issue in transfering the visa?
    Please let me know.

    Thanks for you help.

  • #2
    Pardon me, but where does the overlap part come in?

    The undersigned is kind of lost even after reading your post more than twice. Perhaps, it's just because it's Friday.

    What's the problem in transferring the H1 to the golden employer?

    DMX
    Check out H1 FAQs first!
    http://www.immihelp.com/visas/h1b/h1-visa-faq.html

    Comment


    • #3
      The Undersigned? Hmmm... Is that a new movie coming out? I am seeing lot of that these days!

      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


      • #4
        Originally posted by txh1b
        The Undersigned? Hmmm... Is that a new movie coming out?
        I don't know.

        I learned that when you sign at the bottom, you can use the word "undersigned" in place of I. That, I think, puts more weight on what you say.

        I recommend you do the same from now on now that you know the secret.
        Check out H1 FAQs first!
        http://www.immihelp.com/visas/h1b/h1-visa-faq.html

        Comment


        • #5
          My id, "txh1b" has all the weight needed and adding undersigned would be an overkill. What do you think?

          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


          • #6
            Originally posted by txh1b
            My id, "txh1b" has all the weight needed and adding undersigned would be an over kill.
            What a mis-overestimation of pride!

            I certainly did not expect this arrogance on your part. I am disappointed.

            I am out of here.
            Check out H1 FAQs first!
            http://www.immihelp.com/visas/h1b/h1-visa-faq.html

            Comment


            • #7
              Originally posted by DMX17
              What a mis-overestimation of pride!
              Blame it on my vodka! I heard drinking vodka bring in some unreasonable amount of pride and arrogance. Did you not read how Absolut got into trouble for depicting the North-South America map incorrectly?

              Breaking News, Latest News and Current News from FOXNews.com. Breaking news and video. Latest Current News: U.S., World, Entertainment, Health, Business, Technology, Politics, Sports.

              My friday started long back.
              Last edited by txh1b; 06-06-2008, 07:02 PM.

              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
                Hi ,

                I am really sorry.I was in a hurry to get the answer.Because , I am keep on getting calls from the HR for transfering the VISA to the new company.I already attended client interview and need to join on 23rd.


                Here is the scenario.

                1.I was working in Company A in India till May 2006.

                2.I got my H1 through company B in Sept 2005.Due to some personal reasons , I decided to travel in June 2006.

                3.Company A(HR Manager who was working in US for the same company) asked me to transfer my visa to them after I landed in US(June 2006) and they put me on leave with out pay.They said that they will start the transfer process once I reached US.But I didnt know about the legal formalities when I was in India.

                3.I reached US in JUNE 2006 and started working for Company B.In the meantime they asked me to transfer the Visa.They asked me to work in US 6months and go back to India for 6 months.They didnt tell me this when I was in India.Since my husband is here, I couldnt do that.They accepted the reason and they are agreed to relieve me.Almost 5 months gone by the time we came to a conclusion.Since I was in Leave , they relieved(comapany A in India) me only in Decemeber .But I started working in US since June 2006.



                My service certificate shows my end date with Company A in is December 2006.



                My start date with Company B is June 2006.I have all valid pay checks and W2 forms.



                There is an overlap here.



                Will it affect the transfer process?I am not very sure, they will accept it.



                Please let me know.



                Thanks

                Comment


                • #9
                  So you worked for company B for June 2006 - Dec 2006 period. Whereas your certificate from Company A says that you worked for them as well in this period but you did not. Try to get a letter from the Indian branch that you were on unpaid vacation from May 2006 to Dec 2006, if possible.


                  I think you will be fine as long as you did not work for company A for the period and you maintained your status with company B whose H1 you worked on.
                  Check out H1 FAQs first!
                  http://www.immihelp.com/visas/h1b/h1-visa-faq.html

                  Comment


                  • #10
                    Originally posted by txh1b
                    Blame it on my vodka!
                    Scotch kills summer heat. It's going down big time r8 here in the house !
                    Check out H1 FAQs first!
                    http://www.immihelp.com/visas/h1b/h1-visa-faq.html

                    Comment


                    • #11
                      Thanks for the reply.

                      I just spoke with New Company HR and told the truth.I dont want to give any surprise later.They said that they want to check with immigration department.I have an email proof for absence with out pay.I am not very sure whether that will help.I will wait for the the reply.Based on their reply,I need to talk to my old employer in India.Still I have good relationship with them.lets see.

                      I will update once I get the response from the immigration dept of new company.

                      Thanks

                      Comment


                      • #12
                        I think the answer from them will be positive. Let us know what they say.
                        Check out H1 FAQs first!
                        http://www.immihelp.com/visas/h1b/h1-visa-faq.html

                        Comment


                        • #13
                          Hi,

                          Immigration Attorney of New company said that the service certificate is not an issue and they initiated my transfer process.I am done with my Client interview and I decided to join them soon.

                          Thanks for the reply.

                          Comment

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