Shortly thereafter, Singh obtain his visa and gained admission to the US. He was told that he would only be paid if he was placed on a project. The employer took some initiative to market him to potential client companies with no success. Of course, YKK was skimming their share of several thousands of dollars from the client. Once again, Singh would have to look for work while his employer paid him nothing. As bad as the above scenario seems, in some cases, it has been observed that companies run an audacious scheme in which they charge a thousand dollars or more to the foreign worker just to file the H1B, and if approved, they charge several thousand more dollars to file for the visa to bring them in.
Returning to our example, months later, Singh finally found a legitimate employer who offered to port his H1B employment. Singh replied that he had none, and was worried that he was out of status as a result. Unfortunately, many H1B workers do not realize they have a lot of power with the law being on their side, and quietly endure months of hardship. They fear that if they complain too much, their employer will just notify USCIS that the position is terminated, and force the worker to return to their home country.
In reality, as an H1B worker, Singh has the opportunity to file a complaint to the Department of Labor to obtain unpaid wages, and can use this complaint in lieu of pay stubs. This gives any illegally benched employee a lot of leverage against his unscrupulous employer. Consider the following liabilities that YKK would be potentially subjected to:. Back Pay : In cases where the employer does not pay prevailing wage, it can be ordered to pay backpay to make up for the deficiency.
The obligation to pay the employee may not be properly terminated unless the employer tells USCIS that the relationship has been terminated so that USCIS may cancel the I petition, and the employer must provided the employee payment to fly back home. Case law precedents dictate that even in cases where the employer notified the employee, but not USCIS of the termination, the H1B remained valid until the end of the LCA period, and the former employee is able to collect back pay with interest.
Employers may claim the employee acted in bad faith as well, but still, the employer was held responsible. Even in a case where the employee misrepresented his credentials, given the employer a reason to terminated him, because the employer did not notify USCIS, the clock requiring the employer to cover backpay continued to run. Q: How many times am I allowed to apply for a transfer? A: No limits are put in place to prevent you from applying for as many transfers as you wish.
Q: Can I apply for an H1 transfer with multiple employers at once? A: Yes. You can apply for a transfer with multiple employers. Q: Do I need a new H1 visa stamp on my passport if I already have one from a previous employer? A: No. The visa stamp was used as a means of entering the country; however, the stamp is not necessary unless it is no longer valid. The stamp and the H1 employer status are not the same thing. Q: My H1 transfer was approved, but I decided to continue working with my current employer instead.
What do I need to do? A: Even if your transfer has been approved, you can continue working with your current employer. Q: How many pay stubs should I submit? A: Two to three pay stubs should be adequate. Q: My H1B was approved but not used. Can I transfer it from outside the United States? A: If you have the ability to show evidence that you were previously approved via a copy of I or a receipt number , a new employer can transfer the H1B. This is the case even if you have not yet entered the United States.
But, not need, if they are valid. If you have approval from the company you are planning to transfer, there is no need to ask them to wait. No advantage as such. I got my first time H1B stamped on Feb and it is valid till Sept Because of this pandemic situation, my client stopped the project. Can I look for another employee who have job opening in the USA? I already have my H1B stamped in my passport, is there any chance that my current employer can do anything against my stamped H1B if they smell that I am looking for other opportunities?
In that case, my current H1B status that I have with my current employer will get void or it will be still active till Sept ? Joseph, 1. Yes, you can do.
Look for options when you are in job. No, they cannot revoke anything. If they do not withdraw, it may be in dormant state and you maybe able to activate it. But, very tricky though…. Talk to attorney on this. Hi Kumar, My situation is… I am on h1 and have approved i and stamping valid till Mohan, You do not need stamping as long as your current visa stamping is valid.
Yes, it is legal, you need new I and you can use that to enter US. I currently work on H1B with Company A profit. Then I received an offer from Company C profit. However, for Company C, what kinda of documents should I prepare to them? Thanks a lot for your help! Alice, As long as you are still working with A and in status with proper I, other things you do with B does not matter. For C, you just need to give current A company documents and your proofs of status.
You do not have to tell about B. It will not have any influence. Should I have informed them about the I extension I received due to transfer petition from Company B or does that not matter?
V, You should inform the current I validity as per Company A documents and approval tied to that. As you have not joined B, it should not be shared as that is not relevant. I am working on H-1B. Today, I got a full-time offer from Company C. Anything else other than the regular documents I should provide to company C? You should provide your offer letter, pay slips, etc to make sure you are maintaining status.
You need to indicate your layoff as well so that attorney plans for the same with C. Be clear in the beginning than hiding and getting into issues later.
I was working with company A in OPT for. This all got delay for the coronavirus and couple of months later my visa got approved but I have not been able to return to the USA because of the travel bans due to coronavirus.
During all this time I am still employed by company A but I am not receiving income, since I am not allow to work remotely. Now I have a job offer from a company B that is willing to sponsor me and allow remote working. Elena, Assuming you worked on H1B for few weeks, you are fine to transfer. You do not need any pay stubs as you are not in US and on H1B, all they need is your h1B for cap exempt filing. Hi, My passport is about to expire in Nov, i. I am switching to new employer and initiating H1 transfer.
Is it required to have my passport renewed for my h1 transfer? Due to covid19 lockdown ckgs is closed, and not sure when I will have my passport renewed. Please tell me if I have to wait or go ahead with transfer? Anand, If you can get it renewed, try to do it soon and send the updated passport. Worst case, you send it with old passport. You will get I until Nov You will need to get that updated later. Check How to update I after Passport renewal. Anand, I am not sure how you got it beyond passport validity in the first place… In any case, the practice is that you will have I until end of passport, if it is shorter than the petition approval duration.
My new employer B initiated H1B transfer with receipt number and recently i got to know that my I was approved 6months from employer A after we file H1B transfer to employer B.
What will happen in this case of H1B transfer? Swe, It will not have any positive or negative impact. All it tells is that you are eligible for transfer.
My question is, do we need pay stubs with Employer B for my new H1B transfer? I have paystubs with Employer A till date, but it will not be my employer anymore from next week.
I have a clean record in US and no previous immigration issues. All employers are reputed companies and full time opportunities. Please suggest me few options. Once i start my green card and get my i approved from the university, will i be able to transfer to a for profit company? Hemanth, I have not seen such situations, check with an attorney. Also, do update here for community benefit. Hemanth, I am in a similar situation and from what I heard when I spoke to an attorney, it looks like nobody actually knows exactly how this works.
Only option is to file and see what happens! If you have had any success please do let me know. Rashmi, Thanks for your reply. Sure will let you know. What if i try to transfer to a for profit company from a non profit organization?
Will my H1B transfer be denied? I got my H1b stamped on April but unfortunately I couldnt travel to US because lack of projects with my emplyer. Sadly my visa got expired on Sept Can I file for amendment from India with an help of an employer? Am I eligible for visa transfer normal or premium visa transfer process?
Any other valuable inputs from your side? I am currently in the process of getting my H1B transferred to a new employer. The new employer has asked me to submit all documents including my current H1B visa stamps in the passport.
My H1B visa stamp expired last year, however my i and i petitions are still valid till end of Do you think, not having a valid Visa stamp on passport could be a problem for filing the H1 transfer petition?
I have a approved i from employer A approved for more than days. My i94 from the employer A is valid until dec The company was getting shutdown so I got a notice of two months to serve employer A. I started looking for job to maintain my status and I got an offer from employer B more or less same job position and salary I accepted the offer and they filled my H1b transfer, due to the current situation I joined the company B after their LCA got approved.
I am still waiting for the receipt number to come 15 days over now , But already started working in company B, which they said is allowed. My transfer is still pending regular processing. In the meantime like within a week of joining company B I got a very good offer from a different company C with a promotion and much better pay hike.
They are willing to apply my H1b in premium processing. Now my questions is; 1. I have a valid i94 which I got during the H1b extension from employer A. But I have now quit my first job and joined company B. So I am not sure if my previous i94 will be still considered as valid or not?
Thank you so much. Nupur, Well, it is technically a bridge petition. As you were not in proper status when you filed for B. Having I is one part, maintaining status is second part.
Ideally, you should be in proper status i and working too and then apply for the transfer. Also, in general, you should not work before the receipt notice. Some are grey areas and it is subjective. Discuss with Attorney at company C and then make a decision.
Few Updates in my case: I have received my receipt number and also my current company has agreed to upgrade my visa extension case to premium processing. So as for my understanding goes, now I have to wait for the visa extension through my current company to get approved first and then I can request the new company to start my visa extension afresh.
Hi, My H1 extension got denied in mid-April and I94 also expired. I have I approved. Due to Covid, I am not able to travel back. Attorney is doing paperwork for COS to B2. I cannot show pay-stub starting mid-april. LostS, a. Should not be. If it is denial, then you cannot. But, that is really timing thing and many do not recommend it. Discuss with your attorney and plan. Your situation is very different as you got denial, so your options are limited. Thanks Kumar. Just confirming… In the point 2 finding a new employer to do H1 might not work.
Can my current employer do a H1 with my current status. Also, after b2 application is put in and pending, can I do H1? LostS, No, as you do not have valid status with your I expired and you got denial. Will check. Do you see any other alternatives. Any idea on how many days it takes to get receipt number for a h1 transfer case after uscis receives the transfer petition? Since premium processing is suspended , I have filed under regular processing on April Kumar, It can take up to 15 days or more.
Now it can take up to 30 days or more with delays. Sivakumar, Yes. I found the new job and employer who is willing to transfer my h1b on 15th march and documents to Uscis on April 9th. Should i go back to the home country and come back after approval however i cant travel now due to covid, Is there any other way that i can able to maintain my status? We are in May, you should have heard something by now, if they applied in April.
I have already applied kumar. They told it has been received by uscis on 22nd of April. Will be out of status even in the processing stage?
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