H1B travel after resignation

[sunny2013]

Hi,

Sorry if I'm posting at the wrong place as I'm new to the forum but I need urgent help.

I've a valid H1B visa till 2014. I've resigned from my current employer and serving the notice period. Currently the LCA was for a client in California state. My new employer wants me to travel on the same Visa after resignation to a different city in the same state and will get the transfer done in US. Please let me know if this could cause any problem as I don't want any legal hurdles at the entry port.

Thanks in advance
Sunny

[raghvi]

Hi,

Sorry if I'm posting at the wrong place as I'm new to the forum but I need urgent help.

I've a valid H1B visa till 2014. I've resigned from my current employer and serving the notice period. Currently the LCA was for a client in California state. My new employer wants me to travel on the same Visa after resignation to a different city in the same state and will get the transfer done in US. Please let me know if this could cause any problem as I don't want any legal hurdles at the entry port.

Thanks in advance
Sunny

Its wrong to travel with Employer A's visa and petition and location while intending to work for Employer B. Further at POE you will have to declare that you have come to work for A(that is your current employer A) which would be false and if found out you can be deported back or banned from US. Be very careful of such consultancy companies who ask you to do so. When you are doing something illegal you do lose some rights too. Even if you do manage to go through POE whats the guarantee the new Employer B is giving that they indeed will provide you the job. On H1 you have certain rights but if the employer refuses to pay you citing unavailability of project etc once in US then you are left in no man's land. You will become out of status and illegal with no legal recourse to fight employer B as you would have wrongly entered US in first place.

Why cant Employer B transfer the petition and send you the required documents and you travel with the new petition for employer B?

This is my opinion not legal advice.

[sunny2013]

Its wrong to travel with Employer A's visa and petition and location while intending to work for Employer B. Further at POE you will have to declare that you have come to work for A(that is your current employer A) which would be false and if found out you can be deported back or banned from US. Be very careful of such consultancy companies who ask you to do so. When you are doing something illegal you do lose some rights too. Even if you do manage to go through POE whats the guarantee the new Employer B is giving that they indeed will provide you the job. On H1 you have certain rights but if the employer refuses to pay you citing unavailability of project etc once in US then you are left in no man's land. You will become out of status and illegal with no legal recourse to fight employer B as you would have wrongly entered US in first place.

Why cant Employer B transfer the petition and send you the required documents and you travel with the new petition for employer B?

This is my opinion not legal advice.

Thanks a lot for your advise. I too have been asking the same question to the new employer to get me new petition documents. Thanks again, I will try and get the transfer done.