regarding H1b transfer

[nagaraju]

Hi All,



I have couple of queries on H1B visa and H1B transfer.I am giving my history and asking questions so it may have more sentences,but in order to have clear picture I am

doing like this.Please help me on this.



My status now :



I work for indian company X which filed the H1B and I got H1B visa stamped from the same company(X).

I am still in the process of getting one project that means I am still in india.If I get any project ,I have to go to US.



Meanwhile other company Y(desi consulting company) communicated with me and suggested below process:



I have to go to US on present company (X) visa and I have to manage at port of entry.After I reached US ,they will start the H1B transfer process to their company

(Y).They are telling it will be done within 10 days.



For that I have to resign from company X in india.



I) But I have couple of queries about what and all options I have now in above case:



1) If I go on present company (X) VISA ,Can Y company be able to transfer my H1 without any problem for me from X company?

2) Is H1b transfer gauranteed if Y company starts the process in all cases?



3) Will X company cancel my H1 visa after I resign from that company(from the day I started the notice period)?If it cancels,obviuosly Y company won't be able to do

transfer.Can they do it within a timeframe?



3)Is there any clause in law that if person is in india,they(X) can't cancel the visa?



4) If I don't resign from X company and go to US on their visa and then do H1b transfer from y,What would be the consequence?

[kabkaba]

You cannot do that. If you travel using X company's petition, you must work for X to maintain status. The petition filed by Y will not approved with I-94 if you are not currently maintaining status. Find a better employer to file your petition. If this consultancy is advising such fraudulent practice, you will have trouble with everything once you are in the US, including getting your pay from them, they will ask you to sign outrageous contracts, getting Visa using their petition etc.