Seniors please Help -- H1B Transfer -- Urgent

[Sai44]

Hi,

I came to US with H1B of company A, but since i didn't had any good relation with company A, I filed for H1B transfer with compan B soon after coming to US and also I got the Transfer Receipt(transfer case still pending). I did not work for Company A at all.
Now company A says it is illegal to Transfer H1B without their knowledge.
So now my question is,
1) Can I work for company A for some time till i get few pay stubs, with my H1B stil Transfered to Company B
2)Can I drop the H1B Transfer petition and work for company A for some time, then shall I do the Transfer.

Anybody Please help. Subramaniam, can u please give some advice on this situation.

Thanks,
Sai

[orion]

Pardon me, I might not be as knowledgeable as Subramanayam, but I thought of throwing in my 2 cents. Your employer A's statement "it is illegal to Transfer H1B without their knowledge" is totally incorrect. The fact that you got the transfer receipt allows you to start working for company B. If you have not signed any kind of contract with company A then there is nothing holding you from working for company B. These companies take advantage of you not having enough knowledge of the laws here for work visas. Pay no heed to what they are saying and move on with B. And I am saying this out of personal experience. My ex-employer came to know that I am no more with them 15 days after I left them, when he did not get the fortnightly paycheck from the client.

So you do not need to do anything, either item 1 or item 2. You can just forget company A and you'll be fine.

[Subramanya]

H1 transfer

I came to US with H1B of company A, but since i didn't had any good relation with company A, I filed for H1B transfer with compan B soon after coming to US and also I got the Transfer Receipt(transfer case still pending). I did not work for Company A at all.
Now company A says it is illegal to Transfer H1B without their knowledge.
So now my question is,

---- There is nothing illegal about your transfer. Transferring your H1 is your prerogative and none can stop you can they hold you to anything

1) Can I work for company A for some time till i get few pay stubs, with my H1B stil Transfered to Company B

---- There is no need to do this just to satisfy company A. Tomorrow the story will repeat with company B (Howerver reputed the company may be)

2)Can I drop the H1B Transfer petition and work for company A for some time, then shall I do the Transfer.

---- Yes, you can do this and be further subjected to getting controlled by company A and their whims and fancies

Subramanya

[Sai44]

Thanks Orion, as you said I can go with company B, but my fear is in case if I go to India then will there be any problem while returning back, as my Passport and I-94 will show Company A name , but my Information with the INS will be of Company B. So will there be any problem at the port of entry.
Also is it needed that I have to go for stamping again at India if I have transfered my visa?

Please help me out.

[Sai44]

Thanks Subramaniam, can you please help me regarding this below doubt.

As you said I can go with company B, but my fear is in case if I go to India then will there be any problem while returning back, as my Passport and I-94 will show Company A name , but my Information with the INS will be of Company B. So will there be any problem at the port of entry.
Also is it needed that I have to go for stamping again at India if I have transfered my visa?
I am asking this because company A told me that if I go for Stamping again in the future for any reason like for H4 of my wife or Visa Extension then there may be a Query from consulate that my intention is not good as i didn't work for Company A and transfered for Company B without working for Company A.

Please help.

Sai.

[topcatin]

Reading your post I can confidently say that company A is a cheap-indian-consulting firm. He is just trying to scare you and as the above people have said, he cannot do anything if you doa transfer. And company A cannot speak for what the Visa-Officer will ask you. Company A is just scaring you and trying to hold you.

Note that this is not a legal advice.

[yesnathan]

The company A is trying to take advantage of you and cheating you...dont worry. If you are going to india make sure that you get your papers for company B is approved and carry that papers with you...thats it.