H1B Transfer without entering US but visa refused in india

[alohamora]

Hi Friends,

My Visa god refused in october 2007 after the 221(g) green form, (I went for interview in august, VO said, you are eligible as a candidate for H1B but your company is not, i need to check more document and I got 221(g) green, later after one month i submitted the papers, but after few days I got Visa refusal Letter from US Consulate new Delhi, and Original Papers sent back to USCIS) From that time I am in touch with my employer A who is saying we will conatct USCIS and will resume the process which I am not sure about they can do.

Now today as on 1st january 2008 I got a call from other company B who offered me new H1B, When i told him that I already had H1B refused from company A they said We Can Transfer your H1B to ther company B, Now my question is:

1. Is it possible to get h1B transfered even if it was refused for getting visa?
2. I never entered US on H1B or on any other Visa, is it possible in this case as well.
3. As I never worked for company A so I do not have any payslips and not worked for company A either, in that case is it possible to get my H1B transfered with this new company B.

Please help

Aloha

[orion]

Won't work, new employer B means to appy for you all over again in 2008 quota. You need to have a current and valid H1 to transfer to a new employer, you dont have one to start with.

[alohamora]

Won't work, new employer B means to appy for you all over again in 2008 quota. You need to have a current and valid H1 to transfer to a new employer, you dont have one to start with.

Thanks Orion,

I said the same thing to Company B, but he said as I have a valid EAC number (H1B petition number which is approved and is valid), he says only my visa is not approved, my H1B petition is still valid, as H1B petition and H1B visa are two different things at one time.

And this can be transfered from company A to Company B.

is it possible that he is just faking, but on what grounds and befifits, he is not even asking for money. As he saw my resume and he says you will be offered a job and your H1B transfer processing will be free of cost.

Please comment.

[sreedhar_blr]

H1b transfer?

Guys,
I had applied for H1b in 2006 through a consultant and got my petition approved. But my stamping didnt happen due to missing documents. Its been more than 1 year now, but recently one guy says since i have a valid petition with me from 2006 to 2009, i will not be able to apply for a fresh H1. The only way out is transfer this H1 to some other employer in the US which has the regular cycle of H1b petition approval. Except that i am already counted for this period. Please confirm if all these are true.

Also how much long does this process takes place, it thats the case. and also the cost of it.

Thanks
[email protected]

[alohamora]

Any one else you can have any idea about this thing plz help.

Seniors n moderators plz help.

Aloha

[orion]

I am also waiting for other senior members to reply. But thinking again, I still see something fishy with what employer B is claiming. The information may be patially correct, but to transfer the visa from A to B one still needs to show evidence that the beneficiary is working with A in US at the time of filing for transfer. Pay-stubs are must for transfer, though there have been cases when transfer has been done without pay-stubs but with some other form of proof of employment with A. So I cant really say right now if B is right or not. And in general, everyone here knows the characteristics of indian consulting companies. Given that, I would find it difficult to trust B if thats one of them. Do you have any info on B? How many employees, since how long the company has been established, how is it doing in the recent past years... these information may help in thinking a little further.

[GreatGuru]

xx

Hi Friends,

My Visa god refused in october 2007 after the 221(g) green form, (I went for interview in august, VO said, you are eligible as a candidate for H1B but your company is not, i need to check more document and I got 221(g) green, later after one month i submitted the papers, but after few days I got Visa refusal Letter from US Consulate new Delhi, and Original Papers sent back to USCIS) From that time I am in touch with my employer A who is saying we will conatct USCIS and will resume the process which I am not sure about they can do.

Now today as on 1st january 2008 I got a call from other company B who offered me new H1B, When i told him that I already had H1B refused from company A they said We Can Transfer your H1B to ther company B, Now my question is:

1. Is it possible to get h1B transfered even if it was refused for getting visa?

No. Not at all possible. USCIS have already cancelled that petition. Even than petition can not be transferred.2. I never entered US on H1B or on any other Visa, is it possible in this case as well. NO. NO.
3. As I never worked for company A so I do not have any payslips and not worked for company A either, in that case is it possible to get my H1B transfered with this new company B. H1 approvedl petition is a piece of paper with no value unless it got activated by means of visa stamping and enter into US obtain I 94 card with caveat "H1B", otherwise you are same as any other candidate in your own country.
Please help

Aloha

[alohamora]

Thanks GreatGuru,

I appriciate your advice and I thing you could be right, But Not USCIS but the Consulate has refused to give me Visa with Company A.

Well Sir Do you think its waste of time to try transfering if they are saying. This is not a consulting company, Its a development firm with around 180 H1B working for then In NJ. They file the H1B free of cost seeing the abilities of the Candidate. and they offered me the h1B first then i said i alreadu had one refused then they said wecan transfer that if you want.

Please Copmment

[alohamora]

I am also waiting for other senior members to reply. But thinking again, I still see something fishy with what employer B is claiming. The information may be patially correct, but to transfer the visa from A to B one still needs to show evidence that the beneficiary is working with A in US at the time of filing for transfer. Pay-stubs are must for transfer, though there have been cases when transfer has been done without pay-stubs but with some other form of proof of employment with A. So I cant really say right now if B is right or not. And in general, everyone here knows the characteristics of indian consulting companies. Given that, I would find it difficult to trust B if thats one of them. Do you have any info on B? How many employees, since how long the company has been established, how is it doing in the recent past years... these information may help in thinking a little further.

This is not a consulting company, Its a development firm with around 180 H1B working for then In NJ. They file the H1B free of cost seeing the abilities of the Candidate.

Comment plz...

[sreedhar_blr]

Hey alohamora,
i have a similar situation with me. the new company is a dev firm in india which has some urgent onsite work in the US for which they have chosen me already. So is it possible to transfer my approved petition to them and go ahead. if so whats the time and cost involved?

[email protected]

[orion]

Member greatguru already answered your questions and confirmed what I replied earlier.

[alohamora]

Member greatguru already answered your questions and confirmed what I replied earlier.

yes sir i understand what u said earlier, but i am still waiting for this B company to confirm is it possible or not bec i asked some one else they said may be a laywer can find some clue on behalf of which this person i saying it possible.

Aloha

[prageorg]

It is possible to transfer from Company A to company B without your payslips from Company A, provided you are in India and have never worked for Company A in the US.

What the company B would do is that they would transfer the petition from A to B. Thats is.. End of story. No issues.. No worries.. If you already have a visa stamp with A and have not been to US on that visa, you need not have a visa reissued with B. You can use the A visa and the B approval notice at the point of entry in the US. The reason being, even though the visa is stamped for A, you are planning to work with B and have a valid approval notice and so it is fine at the port of entry. But be prepared to answer why you never worked with A.

Best of Luck

[Rajeev123]

same situation

yes sir i understand what u said earlier, but i am still waiting for this B company to confirm is it possible or not bec i asked some one else they said may be a laywer can find some clue on behalf of which this person i saying it possible.

Aloha

Hi Aloha,

Even i wish to change my employer.I have been issued 221(g).I have'nt submitted my documents yet.I wish get the visa approval through some other company.Would you plz mail me ur company B mail id or contact person name so that i can discuss my case with them.

You can mail me at [email protected]

Thanks

[GreatGuru]

Wrong Statement.

This is a wrong statement. Can you prove, which clause in USCIS?

It is possible to transfer from Company A to company B without your payslips from Company A, provided you are in India and have never worked for Company A in the US.

What the company B would do is that they would transfer the petition from A to B. Thats is.. End of story. No issues.. No worries.. If you already have a visa stamp with A and have not been to US on that visa, you need not have a visa reissued with B. You can use the A visa and the B approval notice at the point of entry in the US. The reason being, even though the visa is stamped for A, you are planning to work with B and have a valid approval notice and so it is fine at the port of entry. But be prepared to answer why you never worked with A.

Best of Luck