H1b transfer from India proposal - is it legal

[happybuddha]

Hola friends,

So, in continuation to my saga of not being able to go to the US. My current employer processed my H1b and I got a visa in the month of February. But my current company does not yet have plans to send me to the US. So, I applied to a consultant T (in Chennai)for their openings and here is what they said. That I resign from my current job. During the notice period, I will be attending client calls on a voip phone and by the time the notice period is through I will have a project on which I could travel to the US. Now, I believe that they have a client base and they may be able to get me a project but here's where I am confused. I some how checked, and my company will not cancel my H1b Visa. It seems they will just dis-own the visa. So T said that they are going to provide me with client letters and all other 'papers' so I wont have a problem at the port of entry... and as soon as I land, they will start the H1b Transfer process and within a month it will be transferred. ... So, does this sound all legal and valid ?
Is it legal and alright to actually go to a port of entry without a real H1b owner at that moment ? Please, any words of advice are greatly appreciated at this 'crucial' juncture .

cheers,
HB

[ihelp07]

How you will get your Paystub to initiate the Transfer ??

[kabkaba]

That sounds like bs to me.
For entering the US on H1 Visa, you need a valid approved petition. Petition from your old employer cannot be used for entering the US to work for a different employer. This is fraud and you can get banned for life.
Ask your new employer to first file the petition for you and get it approved. After approval, you can use the same existing Visa in your passport to travel to the US with new petition.
Beware, some consultants engage in fraudelent practices. They will have you pay for H1 petition, will not pay you on time and while on bench. This will cause future problems. Consider all the possibilities before leaving your good job chasing a dream. Considering the advice this consultant has given you, I would stay away from them.

[shervin143]

In addition to the below note from Kabkaba, a decision like this could mess up your plans big time. It is absolute fraud to enter U.S without a job in H1B visa and that too with an approval notice of a employer for whome you will not work in U.S. This can get you ban for life from entering U.S.

My advise if NOT to resign your current employer until you get a job in U.S (Meaning, not just the H1B transfer, but also a valid job at a client location (with a client letter). This is very much important if your H1B sponsor is a consultancy company).

[happybuddha]

Thanks for the kind replies.

The consulting company also said they will provide with all the paper work and letters such as the offer letter, the client's letter and a valid job requirement in the US.

Can I mention the consultants name here and may be someone has experience with them.

I dont wanna be banned from entering my favorite country.

Cheers,

[shervin143]

Use the below link to search for the company and experiences post by others about this employer.
http://www.immihelp.com/h1b-sponsori...nies-database/

Thanks for the kind replies.

The consulting company also said they will provide with all the paper work and letters such as the offer letter, the client's letter and a valid job requirement in the US.

Can I mention the consultants name here and may be someone has experience with them.

I dont wanna be banned from entering my favorite country.

Cheers,

[happybuddha]

Thanks. That page just has a list of openings offered by this company, but no reviews on them.

So, taking into consideration that they will be providing the clients letters and their own letters (any ideas on what exact paper work I should be looking for ?), does this sound like a valid proposition ?

Thanks in advance for your time spent on this.

cheers,

[kabkaba]

Petition approval notice on I-797 that is the most important thing that you need.

[happybuddha]

Thanks for replying.

Petition approval notice on I-797 that is the most important thing that you need.

So, that is the original I-797 form that I have from my current employer .. right ?.. or is it that this new employer will have to additionally file for a new petition before I can go to the US ? ( I was told they will initiate the transfer as soon as I am there ).


cheers,

[shervin143]

The new employer will need to file a new H1B petition using the CAP from the existing approval notice (Just a copy of the approval notice from the current employer is enough). If you are not going to work for Company A, then you cannot enter U.s with their approval notice. That is illegal. The new employer will need to file the petition that should get approved for you to travel to U.S to work for them. You can however use any valid H1B visa (even if it is for a different employer) to travel. But the petition need to be for the specific employer that you will be working.

Thanks for replying.


So, that is the original I-797 form that I have from my current employer .. right ?.. or is it that this new employer will have to additionally file for a new petition before I can go to the US ? ( I was told they will initiate the transfer as soon as I am there ).


cheers,

[happybuddha]

Phew

Thanks for replying. Although I make sense out of this discussion. The consultant repeatedly says that its all fine, if my current employer is not canceling the visa, its alright. My head has been reeling with the opportunities and the problems associated with it. This is a mail I received from tekseed people some time ago (// my comments) :

1. We will do a technical evaluation of your experience and skills (//Which I cleared with some kickass scores )
2. Based on the technical evaluation, we will make you an offer
(// The money in this will be told tonight)
3. You will pay us an ATTF- Advanced Technology Training Fee of Rs 60000.00 which is refundable between 6 - 12 months of working with us. After you get the offer from our side you will be paying the initial amount of Rs.20,000/- to start of with the client calls and the remaining one week before of your scheduled travel to USA..
4. Initially you’d be travelling on Existing H1B Visa for client meetings and project confirmation.
5. Tekseed will bear all expenses related to air travel, visa, guest house etc
6. Initially you will be paid an allowance of USD 1000 per month + guest house + pick-up/ drop till you get a client confirmation.
7. Your Existing Visa will be transferred to Tekseed Solutions within 30 days of your travel.
(// no comments on the above )

So, does anyone have any experiences with tekseed and should I go ahead with this thing ? What would you please suggest I do.

On an analgesic,
HB

[shervin143]

My sincere advise.. find a better employer. Paying for H1B (call it training fee or whatever) is pure illegal. And you cannot travel to U.S on one company's petition and work for another employer. Basically, you cannot travel to U.S without a job. Traveling in H1B to search for job is illegal. Let us say you show the current approval notice and the company has already revoked your H1B petition or that the officer at the POE makes a call to figure out if you are really working for the employer and if they figure out that you are not, you might get deported and it will cause all kind of mess. You will be banned from entering U.S in the future and will be kept on a close watch. I am NOT saying this to scare you off. It will be you who will get affected and not the employer. According to me, this is a very big risk and do not do anything illegal and spoil your future chances of entering U.S.

Ask the current employer to file an H1B for you and travel when that gets approved.

Thanks for replying. Although I make sense out of this discussion. The consultant repeatedly says that its all fine, if my current employer is not canceling the visa, its alright. My head has been reeling with the opportunities and the problems associated with it. This is a mail I received from tekseed people some time ago (// my comments) :

1. We will do a technical evaluation of your experience and skills (//Which I cleared with some kickass scores )
2. Based on the technical evaluation, we will make you an offer
(// The money in this will be told tonight)
3. You will pay us an ATTF- Advanced Technology Training Fee of Rs 60000.00 which is refundable between 6 - 12 months of working with us. After you get the offer from our side you will be paying the initial amount of Rs.20,000/- to start of with the client calls and the remaining one week before of your scheduled travel to USA..
4. Initially you’d be travelling on Existing H1B Visa for client meetings and project confirmation.
5. Tekseed will bear all expenses related to air travel, visa, guest house etc
6. Initially you will be paid an allowance of USD 1000 per month + guest house + pick-up/ drop till you get a client confirmation.
7. Your Existing Visa will be transferred to Tekseed Solutions within 30 days of your travel.
(// no comments on the above )

So, does anyone have any experiences with tekseed and should I go ahead with this thing ? What would you please suggest I do.

On an analgesic,
HB

[kabkaba]

I agree with shervin.
You need approval notice for the new employer who you will work for. With old approval notice you can only work for old employer.

[txh1b]

3. You will pay us an ATTF- Advanced Technology Training Fee of Rs 60000.00 which is refundable between 6 - 12 months of working with us. After you get the offer from our side you will be paying the initial amount of Rs.20,000/- to start of with the client calls and the remaining one week before of your scheduled travel to USA..4. Initially you’d be travelling on Existing H1B Visa for client meetings and project confirmation.
5. Tekseed will bear all expenses related to air travel, visa, guest house etc
6. Initially you will be paid an allowance of USD 1000 per month + guest house + pick-up/ drop till you get a client confirmation.7. Your Existing Visa will be transferred to Tekseed Solutions within 30 days of your travel. (// no comments on the above )

So, does anyone have any experiences with tekseed and should I go ahead with this thing ? What would you please suggest I do.

On an analgesic,
HB

The test highlighted in red indicates your employer is a scumbag. If you care about your career, run as fast as you can from this company.

Paying allowance on H1b is illegal. They need to pay you the full salary from day 1 as per the law.

[happybuddha]

Got it. Thanks

Thanks a lot dear all. Although my current employer confirmed they wont revoke/cancel the H1b, I will still call this off. Feels like a lot of risk.

Also, for future reference. How does the LCA thing move ? Is it that the future company first initiates an H1b transfer and then the LCA is changed for the city to be employed in ? Or, can one have a new LCA before the H1b is transferred.

Cheers,