Question on H1B transfer

[coollife]

Hi All,

I have applied for H1B when I was in India and got it approved in Oct 2008. I entered US in 2009 on H4 (dependent on my spouse's H1).

As soon as I came to US, I asked my employer to apply for COS from H4 to H1. My employer said that the job mkt is not good, so he can't apply for COS without PO. But he asked me to start the job hunt and he said he will take care of the Back ground check if I get an offer.

Since I was never on H1, I don't even have the SSN.

I trusted him and started the job hunt. Finally, I got a job offer from a reputed company and they sent me the form for the Background check . When I asked my employer to provide the details, he simply said we have to back out of the offer because of the background check.

I was just shocked to listen this from him. He himself said that he will take care of all the process once I get an offer and now he is saying he cant do anything.

Now, If I force him to apply for COS, he says that he can't do tht now and he is asking me to transfer the H1 to some other employer.

What should I do now? I paid him lots of money w/o knowing tht it is not legal.

Can I take any action against him? Also, is it possible to apply for H1 transfer at this stage if any employer is willing to do that?

Please advise. I am really frustrated and depressed.

[shervin143]

SSN is required for Background verification. SSN cannot be obtained when your status is H4. If you have all the proof for paying money for the H1B, then you can complain to DOL. Paying money for H1B is illegal and not knowing the law is not an excuse.

You have two options.

1) Find a project with a client who doesn't require background verification (all big companies will ask for it) and do a COS to H1B and apply for SSN.

2) Transfer your H1B to any other company who has a project (Since you are already CAP counted, you can go for it).

[coollife]

Thanks for the reply, Shervin.

I got a company who is ready to do a H1 transfer and hire me as a full time employee.

But they think that they need my previous pay stubs for the transfer.

Is it required to provide the pay stubs? As I was never on H1, I don't have any pay stubs. So, what is the process to be followed now? Is not possible to transfer the H1 w/o pay stubs in my case?

Please advice.

[coollife]

Also, I heard that a new memo has been released defining the relation between the employer and the employee.

In case, the company which is willing to hire me wants to go for Contract to Hier, and my actual/current employer applies for the COS, will there be any issues w.r.to COS, as my current employer is a body shopper.

[shervin143]

If you were never on H1B, then there is no need for the pay slips while applying for COS to H1B.

Thanks for the reply, Shervin.

I got a company who is ready to do a H1 transfer and hire me as a full time employee.

But they think that they need my previous pay stubs for the transfer.

Is it required to provide the pay stubs? As I was never on H1, I don't have any pay stubs. So, what is the process to be followed now? Is not possible to transfer the H1 w/o pay stubs in my case?

Please advice.

[shervin143]

That depends on the employer. As long as their records are clear and they have maintained all the required documentation, there should be no issues.

Also, I heard that a new memo has been released defining the relation between the employer and the employee.

In case, the company which is willing to hire me wants to go for Contract to Hier, and my actual/current employer applies for the COS, will there be any issues w.r.to COS, as my current employer is a body shopper.

[coollife]

Thanks for the immediate response, Shervin.

That depends on the employer. As long as their records are clear and they have maintained all the required documentation, there should be no issues.

Is there any way to find this? Coz, even if I speak to my employer directly, I may not get the proper info on this. So, is there any way to get the list of body shoppers in US who has genuine records?

[shervin143]

Well, I honestly don't know how. You need to do some research on your own. Maybe you have some friends who can recommend you to a good employer.

You can look for the H1B sponsoring companies here.
http://www.immihelp.com/h1b-sponsori...nies-database/