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Hi,
I have been working with a consulting firm at the same client for 2 years now. I went to India in Nov-Dec and got my stamping done. Also, since I was gone 3 weeks, my employer decided not to run my payroll for Dec (I get payed hourly).
Since my project is about to end in Feb, I looked for new jobs and have a great offer for FTE. When I mentioned this to my current employer, she was furious and strongly recommended I wait for 6 months after stamping before changing employers. She says failing to do so has caused serious enquiries from Immigration accusing my employer of bringing people here from India and transferring them on to the US job market. With the missing paystub from Dec, that means I have to stay on contracting options till July. I really would not want to do this.
I have 2 questions:
1. Will the missing paystub from Dec 2012 pose a serious problem for H1B transfer? FYI my new employer is going to opt for premium processing.
2. Is it common that the Dept of Immigration conducts enquiries if one changes jobs immediately after getting a stamping - esp with consulting firms? I have never heard of this from anyone before. Also, I was an FTE elsewhere for 2 years before I joined this employer. And I have my masters from a good university in my field. So in the event that DOI conducts these inquiries, would that not help my case? Can they not tell legitimate employees from actual fraud?
Even though I am told the inquiry will not affect me or reduce the chances of my new H1b getting approval, I do not want it cause problems for my current employer. But at the same time, I wish to take up this new job as FTE for personal and career reasons.
Please advice.Thanks!
I have been working with a consulting firm at the same client for 2 years now. I went to India in Nov-Dec and got my stamping done. Also, since I was gone 3 weeks, my employer decided not to run my payroll for Dec (I get payed hourly).
Since my project is about to end in Feb, I looked for new jobs and have a great offer for FTE. When I mentioned this to my current employer, she was furious and strongly recommended I wait for 6 months after stamping before changing employers. She says failing to do so has caused serious enquiries from Immigration accusing my employer of bringing people here from India and transferring them on to the US job market. With the missing paystub from Dec, that means I have to stay on contracting options till July. I really would not want to do this.
I have 2 questions:
1. Will the missing paystub from Dec 2012 pose a serious problem for H1B transfer? FYI my new employer is going to opt for premium processing.
2. Is it common that the Dept of Immigration conducts enquiries if one changes jobs immediately after getting a stamping - esp with consulting firms? I have never heard of this from anyone before. Also, I was an FTE elsewhere for 2 years before I joined this employer. And I have my masters from a good university in my field. So in the event that DOI conducts these inquiries, would that not help my case? Can they not tell legitimate employees from actual fraud?
Even though I am told the inquiry will not affect me or reduce the chances of my new H1b getting approval, I do not want it cause problems for my current employer. But at the same time, I wish to take up this new job as FTE for personal and career reasons.
Please advice.Thanks!
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