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H4-->H1-->H1 Transfer

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  • H4-->H1-->H1 Transfer

    Can someone please help me and tell me what I should do?
    I came here in USA in May 2008 on H4 then I got H1 in Oct 2008..My employer X took from me premium processing fee and I got my H1 in Oct end.Then I go for SSN and that I got in Nov end.Now my employer X ask me that they can't do anything for me and they said they have not initiated my H1 as market is in recession so I have to come back on H4.But I wait for better time ,in Jan 2009 I got a new employer Y who file my H1 transfer and start project searching for me.But that time as I have not worked I don't have pay stubs.And now I got the project and going to start from the end of this month.Now I am in dilemma and worry that what will happen if for employer Y, H1 is not transferred or rejected.Then Can I work for employer X?What will if I got any query for employer X?I don't know they will help or not.
    Please suggest me what I should do in this situation to keep my h1 safe?

  • #2
    Originally posted by sk80
    Can someone please help me and tell me what I should do?
    I came here in USA in May 2008 on H4 then I got H1 in Oct 2008..My employer X took from me premium processing fee and I got my H1 in Oct end.Then I go for SSN and that I got in Nov end.Now my employer X ask me that they can't do anything for me and they said they have not initiated my H1 as market is in recession so I have to come back on H4.But I wait for better time ,in Jan 2009 I got a new employer Y who file my H1 transfer and start project searching for me.But that time as I have not worked I don't have pay stubs.And now I got the project and going to start from the end of this month.Now I am in dilemma and worry that what will happen if for employer Y, H1 is not transferred or rejected.Then Can I work for employer X?What will if I got any query for employer X?I don't know they will help or not.
    Please suggest me what I should do in this situation to keep my h1 safe?
    ---
    atleast 1 or 2 pay stubs are requiered for H-1B visa transfer process.
    H-1B visa holder must be in lawful status at the time of filing the petition for H-1B visa transfer.
    H-1B visa holder has not engaged in any unauthorized employment since his or her last lawful admission.

    If H-1B visa transfer is not approved, your original H-1B visa will be lost. So, it is recommended to complete the visa transfer before entering into the new job.

    read more on FAQ:

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    • #3
      Hmmm. This person has been out of status ever since the H1b started. The transfer will not go through. You should possibly go through the employer that already holds the H1b and complain to DOL on a WH4 about the violation.
      Employer must pay all the time. That is the law.

      There is no special "button" to activate a H1b in the hands of the employer or employee for a COS case. USCIS does it.

      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 OMM
        ---
        If H-1B visa transfer is not approved, your original H-1B visa will be lost.
        Not true.

        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
          Originally posted by txh1b
          Not true.
          -- my mean is H1B petetion will deny (if his first employer not accept and his transfer is not approved then USCIS deny the petition)

          Comment

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