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Home  H1 Visa Transfer FAQs |
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| | - Is it necessary to provide SSN details to apply for H1B Visa transfer? What if I travel to the US on firm 1’s H1B based in New Jersey and then join San Francisco based firm 2. Will I have to go to SF to get the SSN?
It’s better to travel to the US on the H1B of the employer you intend to work with. The immigration authorities conduct surprise inspections and may want to verify your details with your employer. If the details do not corroborate with the documents furnished by you, you may face deportation. Alternatively, you may want to work with firm 1 for while and then get it transferred to firm 2.
- I am a software engineer and got my H1B stamped six months ago. However, due to unforeseen circumstances, my employer backed off and I couldn’t travel to the US. What do I do now?
The only option for you now is to wait till things change. You can’t get your H1B transferred because that would require you to be in the US. Moreover you also need pay stubs for an H1B transfer. You could however find another employer and apply for a fresh H1B.
- I have been working with a contracting company on a H1B Visa since 2001. I am currently sub-contracted to another vendor. Now, I have some differences with my main employer, I want to quit but I want to work on the same project. The problem here is the non-compete agreement with my main employer. If I move to another company, will that be a problem?
Your company seems to have worked in accordance with the laws of the US so the non-compete agreement holds true legally. If you quit, you may be sued by your original employer. If they show losses being incurred due to your decision to quit, you may be at a disadvantage. It would be more ethical if you stayed with your current employer. If you really want to quit and join a competing company, consult with your lawyers and also ask your new employers if they are willing to help you with legal expenses in case you get sued.
Bear in mind that if you decide to join the new employer before the H1B transfer process is completed, your current employer can file for your H1B cancellation.
- I worked with firm 1 on an H1B. I quit the firm and later joined firm 2. But I lost my job with firm 2 in two months. Firm 1 is ready to take me back and has agreed to treat the two months as unpaid leave. Is there any legal hassle in this move?
No. Since your H1B with firm 1 is still valid, it’s alright. But make sure that you have all the requisite documents backing up your unpaid leave with firm 1.
- How much time does it take to get a receipt for H1B transfer?
About 4 - 8 weeks.
- I am working with firm 1 on an H1B. I want to join firm 2 and they are willing to file for my H1B transfer. But my original H1B document is with firm 1 and I don’t want to ask for the document because I don’t want them to know of my decision to quit. What do I do?
You can apply for an H1B transfer with a photocopy of your H1B. The original is not required. But make sure you have met all your contractual obligations with your current employer. Otherwise, they can cause your problems.
- Can firm 2 apply for my H1B transfer when I am in India?
It cannot file for your H1B transfer when you are in India. You will have to stay in US and work for firm 1 for at least three months.
- Is it possible to transfer my H1B to firm 2 immediately after getting it stamped by firm 1?
No. It can be transferred only after you have worked with firm 1 for at least three months in the US.
- I am joining a firm on an H1B Visa in the US. The firm insists that I sign a non-compete agreement? Is it mandatory?
If the employer wants it, you don’t have a choice but to sign it. If you refuse, the employer is within its rights to lay you off and file for a cancellation of your H1B. You can have a bench period of 30 days legally. If you want to shift jobs, wait for three months and then get your H1B transferred. It’s however advisable to work with the same company for at least 1 year as that will improve your job prospects with leading companies. If your employer defaults on any contractual obligation, you may pack up and leave for another employer.
- I have an H1B with firm 1. I am working with firm 2, which has filed for my H1B as well. I don’t want to undergo the long drawn H1B transfer process. Is it possible for me to go to the US on firm 1’s H1B and then get a new H1B for firm 2?
It’s advisable to go to the US on firm 1’s H1B and work for firm 1. If you want to work with firm 2, wait for their H1B to come through. Multiple H1B Visa processing is not recommended as it hurts the prospects of Indian software professionals in general.
- I have an H1B with firm 1. Firm 2 is willing to file for my H1B transfer. I am presently in India. Is it possible for me to land in the US and start working for firm 2 without working for firm 1 at all?
No. No H1B transfer can take place when you are not in the US. After coming down to the US, you will have to work for at least 3 months with firm 1 before you can file for a transfer.
- I applied for my H1B transfer but I haven’t got the approval yet. So can I start working with my new employer or should I wait for the approval?
You may start working with the new employer but please fulfill your contractual obligations with your existing employer, failing which, your existing employer can even get your H1B cancelled.
- I have an H1B with firm 1. Can I resign straightaway and join firm 2 and get the H1B transferred?
To get your H1B transferred, you have to work with firm 1 in the US for at least three months. If you enter the US after resigning from firm 1, it might file for your H1B cancellation. In that case, you can be deported. Deportation means that you cannot re-enter the US for at least a year. If you want to resign, work with firm 1 for at least three months and then find a firm that will sponsor your H1B.
- I have an H1B through an employer. But they have kept me on the bench for two months. Meanwhile, I have an offer from another company. Can I join the new employer since my existing employer has failed to place me? I have a non-complete agreement with a penalty of $500.
It’s illegal for your existing employer to keep you on the bench for more than a month. You may file for a transfer right away.
- I have been working with firm 1 on an H1B Visa for a year. Now firm 2 has filed for my H1B transfer. How much time would it take before I can start working with firm 2? Also, how long does it take to get my EAC number?
You don’t have to wait for your H1B transfer approval. You may start working with firm 2 once you receive the acknowledgement of your H1B transfer application. As for the EAC number, it generally takes 10-15 days once firm 2 files your petition with the INS.
- I have a stamped H1B Visa for firm 1. Now, firm 2 says it will arrange for me to arrive in the US on the H1B sponsored by firm 2 and then file for a transfer. Is that possible?
It’s illegal. You can’t travel to the US using the firm 1-sponsored H1B if you decide to work with firm 2. At the Immigration check, if the authorities decide to verify your status with firm 1 and find out that you’re not working with them, you face deportation.
- I have an H1B with firm 1. Firm 1 has agreed to let me use their H1B to travel to the US and find another job. I will file for an H1B transfer after landing up in the US. How long would it take for my transfer to come through and how do I get an SSN?
If firm 1 has agreed to the deal, you must make sure that they verify that you’re their employee when the Immigration Officer calls them for verification. It’s better to land up in the city where firm 1 is located. Once there, you can file for a transfer. When you get an acknowledgement of the transfer application, you can start working for your new employer.
- I have my H1B stamped for firm 1 but they refuse to place me. Now, I have an offer from firm 2 who have sent me the H1B papers. Can I go to the US Consulate to get these stamped? Will I be refused on the grounds that my passport has already been stamped for H1B with firm 1?
You can go to the US Consulate and get your existing H1B Visa and stamp the new one. Tell the Consular that your existing employer hasn’t sent you to the US. Also, clarify this with your current employer. | | |
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