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H1 Transfer Denied.....Please help me

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  • H1 Transfer Denied.....Please help me

    Hi every one,

    I came to US in January 2008 with Company A and visa is valid till 2010 and filed for H1 Transfer with company B.I don't have any Company A pay stubs and i started working for Company B once i got the receipt no and my pay studs started running but as i was on bench Company B did not paid me for the months April, May and June. and mean while in the month of April i got query requesting for additional documents and my employer submitted all the documents and now when i checked the status on Oct 14, it shows up as denial(I did not receive hard denial copy yet).Please help me what steps should i need to take.
    I have few questions :
    1. will i be out of status?(Company A did not revoke my case)
    2. Can i go back and join Company A?
    3. Can i transfer again to new Company C?
    4. or should i appeal ?

    I appreciate your help...

    Thanks.

  • #2
    You were not qualified to use H1b portability on your transfer as you were out of status when it was applied without pay stubs. You have unauthorized work for B as your H1b is deemed frivolous petition.

    You can go back to A and work but this unauthorized employment will haunt you later on. Your appeal will also get denied. No point in trying.

    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


    • #3
      txh1b thanks for ur reply...But

      In other forum i submit, One of them comes up and says as follows:

      You are in jeopardy now.. First mistake you did of applying H-1B transfer without pay stubs.. It is impossible..
      You should have filed a complaint to DOL that employer A is not paying you.. then you should have applied for Transfer..

      Contact immigration attorney as soon as possible.. Ofcourse you are illegal..at the moment

      Please tell me how far is it true..(note: My original employer does not know that i'm in US)
      Last edited by H1Transfer2008; 10-20-2008, 04:05 PM.

      Comment


      • #4
        There is a difference between being out of status and being illegal. You are out of status with the absence of pay stubs. Complain to DOL on a WH4 form. Employer MUST pay you as per LCA. That is the law.

        Now you come back and said you entered US without your employer's knowledge and filed for a transfer. That makes it FRAUD. Entering US on H1b with no intention to work for the employer is fraud. You are in big trouble. Talk to a lawyer.

        What makes you think users will imagine things when you don't provide complete details of your case?
        Last edited by txh1b; 10-20-2008, 05:22 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


        • #5
          Can i go back to India

          Comment


          • #6
            Originally posted by H1Transfer2008
            Can i go back to India
            Nobody will stop you.

            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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