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  • H1b Transfer

    Hello,

    I read through the H1b FAQs from https://www.immihelp.com/h1-visa-transfer-faq/
    .. and I thought I could ask for advice from people around.
    I recently got my H1b Stamped and recieved the passport in mail.. and have all the documentation papers with me. Now, I am told that for another year there might not be an opportunity for me to be traveling to the US. But I find that very stupid. To spend so much and yet not send the person to US ( I am in India). So, I am thinking what options can I have from this point on ?
    Some one told me, even once in US you need to have atleast two pay stubs before you switch your employer, is this true ?
    I was planning to :
    >Find another employer who wants H1b ready people and I could apply to them and then fly to the US. So is this a valid choice (in terms of H1B transfer) ?
    >To fly to the states on my own by either leaving this current organization or by going on a LOP and finding a job there and then officially resigning (ofcourse I will have to fly only to the state where my LCA is valid). So is this a valid choice ?
    >I was also told my current employer who is the owner of my H1b, can also discard the visa and ultimately nullify the H1b approval. Is this also true ?

    So, basically, I am in no mood of waiting for a year and then another 6 months to get a 6 month onsite on a 3 year (- 2 months) H1b Valid visa.
    I would be greatly thankful if you could share what I can do from here.

    Shalom,
    This is my opinion. Not a legal advice

  • #2
    >Find another employer who wants H1b ready people and I could apply to them and then fly to the US. So is this a valid choice (in terms of H1B transfer) ?
    >>>> Possible and the best option. The new employer will need to file a new H1B petition using the CAP from the current H1B approval notice that you hold. Once approved you can travel and work for the new employer. You can use the existing visa in the passport to travel.

    Pay slips are required for H1B transfer only when you are already in H1B status in U.S.



    >To fly to the states on my own by either leaving this current organization or by going on a LOP and finding a job there and then officially resigning (ofcourse I will have to fly only to the state where my LCA is valid). So is this a valid choice ?
    >>> You cannot travel without a valid job in hand. H1B is a work visa. Not a job search visa. You will need to show proper proof at the POE that you have a valid job. If they find out that you are entering without a job in hand, they can deport you back and restrict you from entering U.S in the future.


    >I was also told my current employer who is the owner of my H1b, can also discard the visa and ultimately nullify the H1b approval. Is this also true ?
    >>> They can revoke their petition. They cannot do anything with the visa in you passport. Even if the petition is revoked, you can still find a new employer and file a new H1B petition under the current CAP that you hold from your existing approval notice. If the petition is revoked, you just can't work for that particular employer who sponsored that petition.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Thanks for your reply. It clears up many things.

      I searched, to know the cost of a H1 petition, but wasn't able to find.
      So, from the option which you suggested as the best one, just for knowledge sake, how much does the petition cost ?

      cheers,
      This is my opinion. Not a legal advice

      Comment


      • #4
        The cost varies dependening of the employer (number of employees, number of H1B worker working for the employee etc). Go to USCIS.gov and all the required information is there. H1B is an employer's petition and they should pay the filing fees. Paying money to file an H1B by an individual is illegal.

        Originally posted by happybuddha View Post
        Thanks for your reply. It clears up many things.

        I searched, to know the cost of a H1 petition, but wasn't able to find.
        So, from the option which you suggested as the best one, just for knowledge sake, how much does the petition cost ?

        cheers,
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

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