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H1 Transfer, Valid I 797 ??

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  • H1 Transfer, Valid I 797 ??

    I came to US 2 years ago with employer A with all valid documents. My I797 was valid till 2008. I was on salary bases from 2006 to 2007 and later, switched on percentage based payment scheme. Me and company A agreed mutually that they will not pay me bench moeny and will not give me healthcare benfitis and relocation assistance. There was no paper signed when i switched to percentage based scheme. Since i switched to percentage scheme, my employer was not supporting me properly or communicating with me clearly.

    In 2008, i requeted him to file my extension of stay (new I797) and he agreed. He first went into normaly processing but i insisted to do a premium process. As it was my requirement to get the extention quickly, i pushed him for premium processing by paying 1000 $ from my pocket.

    After doing this, the USCIS asked my company to show if i had projects for next 3 years.My company asked me to generate some kind of letter but eventually they did something and i got the new approval notice.

    Now, the new approval notice has some different company's name on that (company B). It does not have my original company's name (it has a different petitioner name-company B). They say that they did not had sufficient paper work to show continued work or client contracts as is needed to secure a 3 years h1b visa . Also, they did not hae sufficient money to pay for the h1b expenses, they want me to pay 80 % of expenses and they think that I extended the visa for free.

    Now, there are some questions.
    1. Have I received a valid I 797 notice ?

    2. I am not able to track any information of company B over the internet. I appriciate if somebody can suggest websites which have companys' or h1b employers' info.

    3. Can i travel out of counry based on this notice ? When i come back, do i need to show the additional proofs that i work for company B ? I do not have any info on Company B.

    4. Company A is threatning me now not to ask more questions to them and pay thousands of dollars to them cause of the paper work they did for me to get the h1b approval extension notice.

    5. Company A stopped giving me paystubs more than 6 months earlier.

    6. In 2 years of employment with Comapny A, i only have 3 months of valid paystubs. rest of papers are monthly statement printouts which anybody can generate in word or excel.

    What can i do next ?

    Thanks in advance.

  • #2
    You seem to be in a deep mess without knowing what is happening. You should be getting paid from B. There is no percentage basis and no agreeing to nonpayment on bench. H1b law requires one to be paid all the time and employer is bound by law to pay.

    You need to sort it out and get every single penny owed to you. Talk to a lawyer.

    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.