Urgent help needed - H1 Transfer ! SOS !

[devashishbhatt]

Dear Members,

I hope you are having a great day. I need some urgent help regarding an H1 transfer case, and I'll try and be as brief and precise as possible.

Facts about my status, and employer in USA:

1. I arrived in the USA on an H1B from Company 1 on June 19th, 2009.

2. I applied for my SSN on July 10th and received it on July 18th.

3. My H1 is on Company 1's name.

4. As of today, I have spent 31 days in the USA.

5. My Company 1 has NOT been able to place me on a project as yet.

6. I have received an offer from Company 2 for employment but they are keen to hire me directly and NOT through my employer (corp-to-corp). The offer is still in process and we are waiting since neither of us are clear about how an H1 transfer in my case will work. I am very keen on joining company 2 as company 1 has not been able to place me yet and I do not want to miss out on this great opportunity.

7. Company 2 has no issues with my not having pay stubs for the last 31 days of my stay in the USA. They are ready to go ahead with it, but I do not know if they have gone for legal advice.

8. Company 1 has my original I-797 petition, I have a photocopy of the same.

9. I have my original I-797-B notice of action.

10. Company 1 is not ready to give me my original I-797, yet.


My questions:


1.1 Can I apply for an H1 transfer or can Company 2 apply for an H1 transfer for me; now that I have spent 31 days in the USA, and I do not have a pay stub ?

1.2 Will my petition need to be filed at the consular for an H1 transfer ?

1.3 Will the Consulate ask for a reason why I do not have a pay stub yet ?

1.4 How many days do I still have, if any, to apply for an H1 transfer hassle free ?

1.5 Can I apply for an H1 transfer AT ALL ?

1.6 Will I/Company 2 need the original I-797 for filing an H1 transfer ? Or will the original I-797-B suffice to process the transfer ?

1.7 What exactly IS the 797-B ?


I request you to please reply back to as early as it is possible since I feel I do not have much time before I can apply for a transfer. Since Company 1 is not being able to put me on a project, and Company 2 has a better opportunity for me and is ready to hire me, I want to revert to work status immediately.

Please advise me what to do and I request you to kindly answer my questions.

I am eagerly for a response from you.

Sincerely,

InDireStraits.

P.S. Is there a way to change my display NAME on immihelp ?

[txh1b]

1.1 Transfer is not possible as you are out of status currently without a paycheck. But the law requires company 1 to pay you. You have two options. Complain to DOL on company 1 for not paying you. Use the neufield memo to seek immunity, get your H1b processed as a premium process, go out of US, re-enter with company B's papers. You do not need a new visa.

1.2 It can be processed as a CP case. You dont need a new visa.

1.3 USCIS will ask if you are planning for a transfer. No new visa is needed.

1.4 You don't have any. You lose your status the day you get paid last. In general, within a week of your last paycheck.

1.5 Your company can. If it will be approved or not is questionable. You cannot begin work as soon as a transfer is filed as you are currently out of status.

1.6 A copy of the petition will work fine to change employer. You do not need the original.

1.7 It is the H1b approval notice for a company. If a transfer is approved within US, it comes as a I797A. If it is a CP case, it is I797B.


p.s: You can edit your profile and your handle on immihelp and change your name.

[devashishbhatt]

1.1 Transfer is not possible as you are out of status currently without a paycheck. But the law requires company 1 to pay you. You have two options. Complain to DOL on company 1 for not paying you. Use the neufield memo to seek immunity, get your H1b processed as a premium process, go out of US, re-enter with company B's papers. You do not need a new visa.

1.2 It can be processed as a CP case. You dont need a new visa.

1.3 USCIS will ask if you are planning for a transfer. No new visa is needed.

1.4 You don't have any. You lose your status the day you get paid last. In general, within a week of your last paycheck.

1.5 Your company can. If it will be approved or not is questionable. You cannot begin work as soon as a transfer is filed as you are currently out of status.

1.6 A copy of the petition will work fine to change employer. You do not need the original.

1.7 It is the H1b approval notice for a company. If a transfer is approved within US, it comes as a I797A. If it is a CP case, it is I797B.


p.s: You can edit your profile and your handle on immihelp and change your name.

Dear TX,

Once again to the rescue. THANK YOU SO MUCH !
Now, either am plain ignorant or just under-informed, but i do not know what a 'CP Case' is !

1.Could you please shed some light over what a CP Case is ?

Also,

2. isn't the Neufield memo for EB-1, EB-2, EB-3, or EB-4 categories only ? Has the H1B category been included in this ?

3. How long does this premium process re-filing take and what are its requirements ?

4. Will I personally or Company 2 be filing this petition ?

5. Will going out of US and re-entering be necessary if at all the H1 transfer takes place ?

6. Even if Company 2 has no issues on hiring me without pay stubs, do you mean to say that the DOL/DHS WILL necessarily have issues when and if I file for an H1 transfer ?

I'd be GLAD, SO glad if you could help me. I am feeling VERY lost in an alien country.

Also, I could not see an option to change my user/display name on Immi Help settings. Kindly assist if you can.

Sincerely, and warm regards,

D.

[txh1b]

1. CP is Consular processing meaning the H1b approved for new employer will be I797B without an attached I-94. I797A comes with an attached I-94 at the bottom and means the person can work for employer B without leaving and entering the country again. You need to do some reading on immihelp and educate yourself about the terms.

2. The latest Neufield memo which is available by searching on the forum talks about H1bs too. I posted a link to it.

3. 10 days. No special requirements other than shell out $1000 extra on top of regular.

4. Company has to always file for H1b. No individual can.

5. Not needed if your H1b transfer gets approved (I797A)

6. Of course DOS/USCIS will have issues. Company B may not have issues as it is your status at risk if something happens. If USCIS denies your pending H1b after 6 months, you would have earned yourself an illegal period of 6 months and a ban of 3 years. hence the suggestion of PP or CP.

Doesn't look like there is a way to change your handle. Ask admin.

[devashishbhatt]

1. CP is Consular processing meaning the H1b approved for new employer will be I797B without an attached I-94. I797A comes with an attached I-94 at the bottom and means the person can work for employer B without leaving and entering the country again. You need to do some reading on immihelp and educate yourself about the terms.

2. The latest Neufield memo which is available by searching on the forum talks about H1bs too. I posted a link to it.

3. 10 days. No special requirements other than shell out $1000 extra on top of regular.

4. Company has to always file for H1b. No individual can.

5. Not needed if your H1b transfer gets approved (I797A)

6. Of course DOS/USCIS will have issues. Company B may not have issues as it is your status at risk if something happens. If USCIS denies your pending H1b after 6 months, you would have earned yourself an illegal period of 6 months and a ban of 3 years. hence the suggestion of PP or CP.

Doesn't look like there is a way to change your handle. Ask admin.

Dear TX,

Thanks again. I read up about various things you had asked me to.

I have a few very simple questions:

1. If I join Company 2 as a corp-to-corp through Company 1, and work for them for say 2-3 months and then I will get pay stubs; so, after those 2,3 or 4 months have elapsed and I am on legal status (will I be?) - can Company 2 file a petition to have my H1 transferred to them legally ? Or will I still need to be accountable for this initial one month bench period ?

In short - after working for Company 2 through Company 1 for a certain amount of time:

1.1 Can my project client (Company 2) file a petition (H1 transfer) to absorb me permanently, since I will be having pay stubs from my client/employer ?

1.2 Will my status revert/change to LEGAL once I have worked with a client for some months ?

I'd be glad if you could kindly let me know.

Sincerely,

D.

P.S. Really, I could not find anywhere how to change my display name on immihelp. Please assist as I do not want it to be displayed, instead I'd want to use an alias.

[txh1b]

Nothing reverts the old out of status period back. It could go unnoticed but to fix it, you need to get paid. To transfer the H1b to B after working on a corp-corp basis, there could be legal hurdles involving non-compete agreements with the employer and client.

Read more about H1b requirements and laws in the relevant sections of immihelp and forums to improve your knowledge.