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  • H1B Transfer

    Hi,

    My Employer holding two companies A and B.I came to US using A's H1b approval.Last month my employer transferred my H1B from A to B.He got the receipt notice for the h1b transfer.He is going to receive the H1B Transfer approval petition I797.Now i would like to transfer my h1b to some new Company C.Can i do the transfer? or is there any issue?


    Thanks in advance.
    Last edited by VinothE; 09-13-2008, 11:46 AM.

  • #2
    As long as you are in status and getting paid, there are no issues with the transfer. What sort of fishy thing is the employer involved with that he needs two companies for the H1bs? Taking money under one company and processing H1b under another to hide from DOL?

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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    • #3
      H4 Visa

      I am planning to apply H4 Visa for my wife and kid in india.My wife and kid they are staying in india.I am not sure whether i need to send the copy of A's Form I797 Petition,Form I-129 and copy of A's LCA.or Do i need to send the copy of B's Form I797 Petition,Form I-129 and copy of B's LCA once he receive it?
      or in case if do the premium processing transfer for the new company C do I need to send the copy of C's Form I797 Petition,Form I-129 and copy of C's LCA once he receive it?

      Please advice me how to process my wife and kid H4 Visa in the current scenario?

      Thanks in advance.
      Last edited by VinothE; 09-13-2008, 02:40 PM.

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      • #4
        Whom are you currently working for? Those are the papers that you need for their H4 visa. Look at list from immihelp main page.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

        Comment


        • #5
          I don't know whether my payroll is running under Company A or under Company B.Last month i received the pay slip there is no difference in the pay slips and moreover there is no company related information in the pay slip.It just shows my name,Federal tax,state tax,insurance and SSN employer amount.I called my employer and asked is my payroll running in Company A or B.He said "it is still in Company A.Next month only we are planning to run payroll under company B".So i requested him that please run the payroll in company A because i am processing H4 Visa and i going to submit the Company A's documents.He said ok.

          One more question can i start the H1B Transfer to new company C while my wife applying for H4 Visa.or do i need to wait until my wife get the H4 Stamped.
          Last edited by VinothE; 09-13-2008, 06:34 PM.

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          • #6
            One more question
            Assume my wife got the H4 Stamped based on Company A's docuemnts and assume i got the H1b transfered to the new company C.Is there anything i need to do for my wife H4 status since my h1b is transferred?

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            • #7
              The family members maintain their H-4 status even though the principal applicant's employer has changed. Because H4 is dependent of H1 visa holder employer has nothing to do with it.
              I am not a lawyer and this is not a legal advice. Use it at your own risk. Consult professionals before getting into an action.

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              • #8
                Assume my wife holding H4 visa based on the Company A's Docuemnts and she will be coming to USA after 2 months.At that time my h1 visa will be transferred to Company C.i will holding Form I-797 Petition of company C.

                Is she will be facing any problem when she enters USA because of she will be having company A's information in H4 Visa and my h1b status will be in Company's C.

                Thanks in Advance.
                Last edited by VinothE; 09-13-2008, 06:40 PM.

                Comment


                • #9
                  If your wife has a valid/unexpired Visa at the POE she can show your I-797 form company C to get I-94 till its validity and enter US.

                  __________________
                  I am not a lawyer
                  I am not a lawyer and this is not a legal advice. Use it at your own risk. Consult professionals before getting into an action.

                  Comment


                  • #10
                    Thans a lot.What is POE?Is it Port of Entry?
                    Last edited by VinothE; 09-13-2008, 08:55 PM.

                    Comment


                    • #11
                      What is POE?Is it Port of Entry?
                      You are Correct !
                      I am not a lawyer and this is not a legal advice. Use it at your own risk. Consult professionals before getting into an action.

                      Comment

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