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  • H1B Visa Transfer

    Hi All,

    I am in the USA on H1 visa since June 2008. My employer has been unable to find me any projects and has not paid me until now which means that I do not have any pay stub.

    I have now received an offer from an Indian company in the USA that is willing to do an H1 transfer for me and absorb me as their employee.

    1. Can my present employer stop me in any way?
    2. Will I fail any background verification because I am not in his payroll?
    3. What are the problems that I should anticipate in this situation?
    4. What all are the most important document to be submitted to my new Indian Employer?

    Your response is much appreciated.

    Thanks
    Padma Suresh

  • #2
    Search for WH4 form and complain to DOL. You are required to get paid all the time on a H1b failing which it puts you out of status and no transfers are allowed.

    Neufield memo has some hope for such people if you complain. Look into that.

    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.

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