Home  H1 Visa 2nd installment FAQs |
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| | - I was a trainee with firm 1. They filed for my H1B valid from May 2001. But I quit the company in March 2001 itself, much before my H1B start date. It took me six months to find another job with firm 2. Now, firm 2 is willing to file for my H1B transfer but my last pay was received in February 2001. Am I eligible for an H1B transfers using that pay stub or will firm 2 have to file an application for a new H1B?
If your H1B visa with firm 1 has already been stamped and if you have the relevant documents, firm 2 can file for an H1B transfer, without your pay checks. But if you need pay stubs, you can ask firm 1 to issue a certificate that you were on an unpaid sick leave for these six months. It’s also advisable to consult a lawyer before making a move.
- I got my H1B issued this year with firm 1, who also sponsored by Green Card. I filed my I-485 in the second fortnight of April but haven’t yet received an acknowledged from INS. In mid-June I lost my job. Now I would like to know if I can transfer my H1B. What would then the status of my I-485 be? Can I avail of a TN-Visa if I don’t find a sponsor for an H1B?
When you find a new job, your new employer can initiate proceedings to get your H1B transferred. And once you get the acknowledgement of the transfer application, you can start working with the new firm.
Your Green Card procedure though will have to be initiated again. If you want to keep up with your existing Green Card process, you can request your existing employer to sub-contract you to another firm. Though not an advisable route, it will make sure that your pay is routed through your existing employer. It would also help to consult a lawyer.
- I have been in the IT industry for over four years including a six-month stint in the UK. In the US, where I am working on a project, my status is H1B1. I want to get it transferred to H1B. What is the procedure?
The H1B1 and H1B Visa are the same. So there is no need for a transfer.
- I was offered a job by a consultant in the US, who also sponsored my H1B. But things didn’t work out so well and he failed to get me placed. However, I found another job on my own. The new firm said that I can work on the consultant sponsored H1B while the transfer process is on. Is that legally permissible?
Your H1B transfer is not possible without entering US. To enter the US with your consultant-sponsored H1B you will have enter the same city where it was processed. Then you can move to the location of your new job. However, you cannot work with your new employer unless they file for your H1B transfer and get an acknowledgement. Now, to file for your transfer, they will need your pay stubs from the consultant.
In this case, you can rely on a loophole in the law. If you come down to the US, get your SSN and your new employer files for your H1B transfer within 30 days, you stand a chance.
Be informed that the INS conducts sudden inspection of H1B travelers. If your travel has not been authorized by your first employer, you could be caught. So it’s advisable to reach US late in the night on a Saturday or Sunday. Before that, make sure that your first employer hasn’t filed for your H1B cancellation.
Though the above loophole can be exploited, we would strongly advise you to abide by the laws and travel to the US only when your H1B transfer comes through.
- I have a soft copy of my offer letter from my previous employer. Now I have chosen to accept a job with another consultant. Can I use a printout of the offer letter given by my previous employer for the immigration checks?
You will run a huge risk by doing that. The immigration checks require the original offer letter. If you fail to produce that, they might call up your previous employer to verify in which case, you will be exposed.
- My consultant advised me that instead of waiting for my new H1B I should travel to the location where my previous H1B was processed. By then, my H1B transfer process will also come through. Is it possible for me to work with a new consultant who is processing my new H1B if my previous consultant fails to find me a job?
The law is simple. If you want to work with a new consultant, your new consultant will have file for an H1B transfer. However, it’s illegal to work without initiating the transfer procedure.
- I stayed in the US for three years with an H4 Visa. Then I got it converted to an H1B. Three years later, the INS has denied me an extension on my H1B. Does the INS consider the 3 years I stayed on an H4 as a part of my six-year stay limit on my H1B? Can I apply to change my Visa from H1B to F-1 before the H1B expiry? Will I be able to legally work during the processing period?
The INS considers the combined period of stay under the H Visa category. To get a new H1B Visa, you will have to spend a year outside the US. You may stay pending adjudication if you have already filed for a Green Card. It’s advisable to consult a lawyer. The INS may deem your stay illegal and deport you.
- I got my H1B approval documents last week but in it, my name has been wrongly prefixed as Mr. In my education evaluation documents, my name is rightly prefixed. Can I ignore this oversight and proceed for my Visa interview?
First of all, ask your employer to get the error rectified and then go for the interview. If the Visa approval form or notice of approval contains the correct prefix, you may go ahead for the stamping. Consult your employer’s attorney for this. | | |
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