H1-B Transfer - Please Help!!

[pmukundan]

I am working with Employer B for the past 1 and 1/2 years, since Jan 2007, on L2 Visa with EAD.

Applied and got H1-B with Employer A (Original H1-B Sponsor) in Apr 2007 quota. I am planning to continue my job with Employer B's Client. So there will be two layers in this H1-B contract. Myself -> Employer A -> Employer B -> End Client.

Employer B, My Old Employer, currently wants to transfer my H1-B to him.

My Question is:
I got my H1-B Stamping only this Tuesday 2 days back. Currently I entered US with H1-B Visa and I-94 for the H1-B employer A.
Today I joined back to work, so i guess it means I am on H1-B with my new employer right now. Whose payroll I am currently in?

My Previous Employer B is offering me a Perm Job, and asking me to transfer my H1-B with him.

Is it possible to change my H1-B to the Employer B without having a payslip from Employer A? And can I change immediately now.

[enigmatic10me]

I am working with Employer B for the past 1 and 1/2 years, since Jan 2007, on L2 Visa with EAD.

Applied and got H1-B with Employer A (Original H1-B Sponsor) in Apr 2007 quota. I am planning to continue my job with Employer B's Client. So there will be two layers in this H1-B contract. Myself -> Employer A -> Employer B -> End Client.

Employer B, My Old Employer, currently wants to transfer my H1-B to him.

My Question is:
I got my H1-B Stamping only this Tuesday 2 days back. Currently I entered US with H1-B Visa and I-94 for the H1-B employer A.
Today I joined back to work, so i guess it means I am on H1-B with my new employer right now. Whose payroll I am currently in?

My Previous Employer B is offering me a Perm Job, and asking me to transfer my H1-B with him.

Is it possible to change my H1-B to the Employer B without having a payslip from Employer A? And can I change immediately now.

Wish you could have explained it better. Anyway, what is ur current status. Looks like you have been on H-1B from "A" Since Oct 2007 and not getting pay stubs. Is that correct? Also, If you are working for B on EAD, Did you file COS? Was it approved?

[txh1b]

There might be non-compete agreement that you might be violating. You could try for a premium process transfer but USCIS could ask for paystubs. Some have done it successfully.

You should know better as to whose payroll you should be in at this point in time based on your H1b entry.

[pmukundan]

I am so sorry for not being clear.

Yes my H1-B was approved in May 2007. But I applied Consular Processing and went to Mexico this Tuesday and got it stamped and got my new I-94 in the Port of Entry.

I think since I have come inside US in H1-B Visa, My Current Visa Status is H1-B and my L2 might have been invalidated automatically.

But the Employer B says "His Perm Offer will not be valid, if I am on the Payroll of Employer A". The contracts between Employer B, Employer A and myself are yet to be signed. We are in the process of negotiating.

So, Employer B wants to be in his Payroll with this H1-B which means (I guess) should be transferred to him. Dont know whether there is any other way?

I have been told my H1-B Friends that to transfer from one H1-B employer to another we need 3 months paystubs.

But my Employer B says it is not mandatory and wants to transfer immediately in another 10 days. I dont know whether it is OK, legally to do that. Is it feasible?

Please advice.

[txh1b]

But my Employer B says it is not mandatory and wants to transfer immediately in another 10 days. I dont know whether it is OK, legally to do that. Is it feasible?

Yes, it is feasible and possible if done immediately. You should however go with premium processing as you may need another trip to mexico if they just approve the petition but not Extension of stay and re-enter to get a new I-94.

[pmukundan]

Can I work for the End Client of Employer B during this time. Where will my pay go? Like is it legal to work like that. Dont want to get into any trouble.

[enigmatic10me]

I am so sorry for not being clear.

Yes my H1-B was approved in May 2007. But I applied Consular Processing and went to Mexico this Tuesday and got it stamped and got my new I-94 in the Port of Entry.

I think since I have come inside US in H1-B Visa, My Current Visa Status is H1-B and my L2 might have been invalidated automatically.

But the Employer B says "His Perm Offer will not be valid, if I am on the Payroll of Employer A". The contracts between Employer B, Employer A and myself are yet to be signed. We are in the process of negotiating.

So, Employer B wants to be in his Payroll with this H1-B which means (I guess) should be transferred to him. Dont know whether there is any other way?

I have been told my H1-B Friends that to transfer from one H1-B employer to another we need 3 months paystubs.

But my Employer B says it is not mandatory and wants to transfer immediately in another 10 days. I dont know whether it is OK, legally to do that. Is it feasible?

Please advice.

I totally agree with our expert txh1b. transfer in a premium process. However, they will surely issue RFE since you don't have any paystubs. Last 1 or 2 missing paystubs would be ok, but having none is a different story

[txh1b]

Can I work for the End Client of Employer B during this time. Where will my pay go? Like is it legal to work like that. Dont want to get into any trouble.

AC21 rules do not qualify you to work for B if you are not maintaining your H1b status(getting paid) with your current H1b employer. Talk to your lawyer as you are filing for a transfer without the paystubs which would mean you don't qualify to begin work after filing but to wait till the approval.

[pmukundan]

1. If in case, my H1-B transfer is not approved by USCIS or they have an RFE raised, can I go back to my H1-B Employer A.

2. Will my current H1-B Employer A will come to know about these Transfer details in any point in time?

3. Do we have any time line before which, I have to transfer my H1-B to the new Employer B?

4. Can I work in these Time period?

[txh1b]

1. Yes. There is no going back as you would not start with B until you get the approval if you followed my posts.

2. Not unless you volunteer it.

3. Best if it was done yesterday. ASAP. The more the delay, greater the chance of denial or RFE.

4. Did you read my post? Yes, but for only A.

[pmukundan]

My employer B says that I can work in my L2 Visa until its validity Aug 5th 2008, even though my last entry through US with my H1 Visa and I-94 is given for my H1-B employer A.

He wants to convert me to his H1-B before august 5th 2008, expiry of my L2 Visa.

Is this true? Can I get my paychecks for L2 - EAD till that time.? Is it Legal?

[pmukundan]

Please help. Ok, I have decided to Transfer my H1 to the L2 Employer.

1. L2 Employer says, I can start working for them the day they file the H1-B Transfer petition? Is this True? Is it Legally permitted without any paystub or employment confirmation letter from my current H1-B employer?

2. If in case my H1-B Transfer is Denied, then also can I start working normally with my current H1-B Employer?

3. If in case, I have to go out of the country to get I-94, What type of questions are expected in the Port of Entry? Will there be any problem in Port of Entry?

4. How risky is the whole process? Is it a good decision to Transfer it? Staying with my current employer is also completely ok for me.

[pmukundan]

Please help. Ok, I have decided to Transfer my H1 to the L2 Employer.

1. L2 Employer says, I can start working for them the day they file the H1-B Transfer petition? Is this True? Is it Legally permitted without any paystub or employment confirmation letter from my current H1-B employer?

2. If in case my H1-B Transfer is Denied, then also can I start working normally with my current H1-B Employer?

3. If in case, I have to go out of the country to get I-94, What type of questions are expected in the Port of Entry? Will there be any problem in Port of Entry? If in case there is a problem in Port of Entry will they send me back to india, or can i enter US?

4. How risky is the whole process? Is it a good decision to Transfer it? Staying with my current employer is also completely ok for me.