H1 Transfer issue , please advice

[delhi555]

Hi Frnds,

I have H1B visa with an indian employer . My current location is also in India . With a lot of efforts i have found a U.S employer who is ready to take me on roll . Now they are making a unusual request to me , they are saying that my interview will be scheduled and conducted while i am in India . Once the interview is through i have to first come to U.S on my current employers visa and then they will file the visa transfer .

I have tried to convience them many times to first file my H1 Transfer and then i should travel to U.S but they are not agreeing .

Please advice if travelling to U.S without my current employers plan of travel for me is safe or not . What are the pros and cons of the above plan advised by this U.S employer .

[kadkhiq81]

H1 Transfer issue , please advice

Don't ever never do that. I don't think that the new employer is genuine as they are asking you to do illegal stuff. Be patience and try to look out for other employer who can do the things legally.

This is my personal opinion.

[delhi555]

H1 Transfer issue , please advice

I appreciate your advice , thank you . But i want to know exactly in what sense it is illegal . i have valid H1B visa till Oct 2014 with my Indian employer .
Can i not travel without my employers plan ? Is it necesary to get salary in U.S from day one , once you reach U.S. IF my U.S employer files my
Visa transfer within a week , and then i start working with U.S employer will it not be OK ?

[delhi555]

H1 Transfer issue , please advice

I would appreciate some more suggestions on this issue .. please advice .

[happybuddha]

I appreciate your advice , thank you . But i want to know exactly in what sense it is illegal . i have valid H1B visa till Oct 2014 with my Indian employer .
Can i not travel without my employers plan ? Is it necesary to get salary in U.S from day one , once you reach U.S. IF my U.S employer files my
Visa transfer within a week , and then i start working with U.S employer will it not be OK ?

No, it will not be okay. You cannot travel without your sponsoring company's work arrangement for you. Is the other company ready to file your LCA before you travel ?
It IS necessary to be paid every single day you are on US soil when you arrive on H1B, other wise you are out of status. Which you will have to mention on every single request you file with USCIS. Also, if the officer at POE demands to talk to the employer who you claim you are entering on behalf of, what will you do ? You stand chances of being deported and even banned.
Why does this other company not want to transfer before you fly ? What if, once you manage to come in illegally, they make you sign bonds ? What if you deny bonds and they report you to USCIS ?
Your intent and scheme of entering is illegal. And dont think you can pretend to be smart and 100% pull this off by fooling the CBP. There are many people like you who try to do these things and get caught.

In the grand scheme of things, this isnt worth it.