H1 B Transfer

[desi_h1b]

Hi ,

I am working for a Desi Consulting Company at client site for past 1 year .. My visa has not been stamped yet..so i am plannnig to travel to India on April 20 th 2009(i cannot postpone my travel to india ).. my client is offering me full time job ..

1.so can i apply for transfer(Premium Processing) and then travel to India ..
will this be a problem ??

or

2. can i apply for Transfer after reaching India.. if approved , i wont be having the pay stubs from client company ..can i go for stamping with client company i 797 ..?? will this a problem ?? and while booking an appointment in this scenario .. what should be my answer for the following link

https://www.vfs-usa.co.in/Frame.aspx?param=2AP4EtDeINaUTjC+6mQpXdAw70whHCDDNSFGWnECcYeLtVHpT2CIXFFQD6X54JNZ

Are you : A resident of India/Bhutan An Indian citizen resident in the US



3.If i get RFE when apply for tranfer to client company .. can i still go for H1 b
thru my Desi consulting company ..

Any suggestions ..

Thanks in advance

[Subramanya]

I am working for a Desi Consulting Company at client site for past 1 year .. My visa has not been stamped yet..so i am plannnig to travel to India on April 20 th 2009(i cannot postpone my travel to india ).. my client is offering me full time job ..

1.so can i apply for transfer(Premium Processing) and then travel to India ..
will this be a problem ??

---- Once you apply for a transfer, wait till the transfer is approved even under PP, otherwise it will be deemed that your H1 transfer application is being abandoned

or

2. can i apply for Transfer after reaching India.. if approved , i wont be having the pay stubs from client company ..can i go for stamping with client company i 797 ..?? will this a problem ?? and while booking an appointment in this scenario .. what should be my answer for the following link

---- Yes, you can apply for the transfer from India, but you have to wait till the H1 trasnfer is approved, get a visa stamped on your Passport for the new comapny and then enter US

---- The choice remains yours even if it is a difficult situation on a personal basis

Are you : A resident of India/Bhutan An Indian citizen resident in the US

---- No need to casuse confusion about your identity.You should know the answer to this if you have resided in the US. REad other posts

3.If i get RFE when apply for tranfer to client company .. can i still go for H1 b
thru my Desi consulting company ..

---- Once you apply for a transfer you cannot keep changing your mind and you seem to set on getting a visa for whatever comapny and you do not mind if it was your former company. Then why do seek a transfer. In whixh case you get a visa stamp for the present company while you arein India, come to US and then apply for a transfer

Subramanya


Any suggestions ..

Thanks in advance[/QUOTE]

[desi_h1b]

Thanks for your response ..
I am F1-OPT-H1B and been working (getting paid all times and having w2's etc..) and i am worried
about the genuineness of my consulting company ..

you seem to set on getting a visa for whatever comapny and you do not mind if it was your former company. Then why do seek a transfer.
In whixh case you get a visa stamp for the present company while you arein India, come to US and then apply for a transfer

----- you are absolutely right about me being set on getting a visa for whatever company .
To be on safer side ..i want to go for stamping with client I 797(if approved)
if not i will risk going to stamping thru my desi consulting company..
or
if i first go for stamping thru my Desi conconsulting company and was asked for additional docs with a
wait time of 3-4 months .. during this time can i file for H1 b tranfer thru my client company and
go to the stamping (if approved)..

Any suggestions from senior members .. Please let know

Thanks in advance

[desi_h1b]

Any Senior Members , Suggestions for my post please ..

Thanks in advance

[desi_h1b]

Please answer txh1b, to my posts below ..

if these issues are new i will consult a immigration lawyer if not can you answer them please

Thanks in advance

[txh1b]

You can apply for a transfer but travel on a pending application is not recommended. Appearing for a visa using the I797 of the full time job is not a problem provided you can prove that you were employed without any out of status issues and you were just switching your employer coinciding with your trip.

[desi_h1b]

Thanks txh1b .. can you please let me know if the following are possible ..


1.If my New i 797 is not approved and get a RFE .. can i still use the old i 797 to got for the stamping??


2. If i go for stamping with the i 797 current (DCC) and was requested additional docs.. at this point of time can i apply for H1 b trasfer to the client company and go for stamping with new i 797.

3.There is some kind of agreement that i am not supposed to join the client for about 1.5 to 2 years .. is this real from DCC ??
once i leave US and apply for H1 b tarnfer to client company and get it stamped.. will the agreement between me and DCC still be valid .. or it gets void


Thanks in advance

[txh1b]

What is DCC?

1. Yes if you plan to work for them.
2. Yes
3. Depends. Contracts are between you and the company/client. Whoever this DCC is has got nothing to do with it unless they are a party of the contract.

[desi_h1b]

Hi txh1b

DCC is desi consulting company

DCC -- me -- endclient.. and the contract between me and DCC is
Non-Competition and Non-Solicitation which is i am not supposed to join the clients that i work for through DCC .. and i signed it ..Is this contract real ??
can they take action if i do join the client??

and i dont know what is the contract between DCC and end client .. Its is not right to ask you what could have been the contract between DCC and client .. but still can you guess it from your experience please??

if the client hires me ..can DCC take action on the client (we may have to look in to the contract between DCC and client )



Thanks for your replies

[txh1b]

Non-competes are valid if the company wants to sue.