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  • Need some info on H1 transfer

    Hi,

    I have Approved H1 from Employer A(Not COS) currently i am working on L1 with another company. Now i have a Job offer from Employer -B on H1 and is there any possibility for me to work directly to employer B. I dont have any H1 approval papers with me, My employer-A just told me that my H1 got approved, and he said he will apply for COS when ever i want to change my job.

    # My question is..can i work for Emp-B directly ? Having no connection with Emp-A. If so what is the process?
    Please suggest.

    Regards,
    Dev

  • #2
    Originally posted by devenderthota
    Hi,

    I have Approved H1 from Employer A(Not COS) currently i am working on L1 with another company. Now i have a Job offer from Employer -B on H1 and is there any possibility for me to work directly to employer B. I dont have any H1 approval papers with me, My employer-A just told me that my H1 got approved, and he said he will apply for COS when ever i want to change my job.

    # My question is..can i work for Emp-B directly ? Having no connection with Emp-A. If so what is the process?
    Please suggest.

    Regards,
    Dev
    -- Employer A can make contract Corp to Corp with Employer B.. otherwise please take H1B Transfer with Employer B.. you must have to work for that employer which I797 you have...

    Comment


    • #3
      Thank you OMM!!

      Yeah i would like to transfer my H1 to employer-B. i am ready for that, But not sure how to do that without any Documents with me? Is it possible?
      Please suggest!!

      Comment


      • #4
        Originally posted by devenderthota
        Thank you OMM!!

        Yeah i would like to transfer my H1 to employer-B. i am ready for that, But not sure how to do that without any Documents with me? Is it possible?
        Please suggest!!
        -- mostly Employer B send request for hire you to Employer A... employer A dont have any objection then Employer B will hired you. ask your employer B to hired without sending any notification to Employer A.. best advice and path Attorney will suggest your Employer B.. its easy process but takes time..

        Comment


        • #5
          Read the FAQs.

          Company B applies for a COS from L1 (current status) to H-1B (not subject cap and apply any time). You will need Company A H-1 approval notice copy for the company B H1 application to prove you were counted in the cap before.

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

          Comment


          • #6
            Thankyou for you reply!!! DMX17 && OMM,

            Yeah..the problem is i dont have any Approval papers from Employer-A and i dont think he will give me. He applied H1 with my money only, but still he is not ready to give me H1 approval papers.

            Is there any way..for employer-B to hire me directly ? please suggest.

            Comment


            • #7
              Originally posted by devenderthota
              Thankyou for you reply!!! DMX17 && OMM,

              Yeah..the problem is i dont have any Approval papers from Employer-A and i dont think he will give me. He applied H1 with my money only, but still he is not ready to give me H1 approval papers.

              Is there any way..for employer-B to hire me directly ? please suggest.
              -- but where is your I797???? you return him back or what? as per my point of view its not possible without approval notice from Employer A.
              -- your case is clear that you enter through Agents(as per our terms in USCIS dictionary there is no words like agent).. and its not good to talking in public forum.. ask attorney.. I hope you understand.... thanks,,
              Last edited by OMM; 02-25-2009, 08:14 PM.

              Comment


              • #8
                Employer A has no legal rights to hold your papers more so since you have spent money to apply for a H1. The exact same thing happened to me, but i had my approval notice with me. There is a trick you can use. Tell your employer A that you prefer to get visa stamped as you are travelling out of the country and dont want COS. then he needs to give you your approval notice i-797, you can hand it to the employer B and apply for a new petition not subject to cap. Another advice is to be brave and speak out loud n clear to your employer A. Dont budge to their intimidations and make your intentions clear. If you show you are desperate, they take advantage.
                hope that helps

                Comment


                • #9
                  Originally posted by pranava
                  Employer A has no legal rights to hold your papers more so since you have spent money to apply for a H1. The exact same thing happened to me, but i had my approval notice with me. There is a trick you can use. Tell your employer A that you prefer to get visa stamped as you are travelling out of the country and dont want COS. then he needs to give you your approval notice i-797, you can hand it to the employer B and apply for a new petition not subject to cap. Another advice is to be brave and speak out loud n clear to your employer A. Dont budge to their intimidations and make your intentions clear. If you show you are desperate, they take advantage.
                  hope that helps
                  ---uhhhhh employer or Agents are not stupid they are more smart then us, might be he will deny his I797... dont do it.. and he have I797 then his employer knows all the dates of his Visa validities.... if you can arrange by speaking some sweet words and tell him truth that you are going for transfer.. this is the way.. or ask attorney for leagle action against employer A.. thats it..

                  Comment


                  • #10
                    Hi OMM....

                    I didn't enter thru any agent or anything..i came here on L1 2 years back and applied for H1 last year. but still working on L1 only. I think you were confused. any ways thanks for your reply!!!

                    now there is only one way for me is to talk to my Employer directly to get my Approval papers.

                    Thanks,
                    Dev

                    Comment

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