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H-1B transfer, about previous company

H-1B transfer, about previous company

Old Oct 10th 2004, 3:49 am
  #1  
TechElites
Guest
 
Posts: n/a
Default H-1B transfer, about previous company

I worked for company A as consultant, but they never try to find the project
for me. I have to find the job my self. Now I get an offer from company B
and they will file H-1B transfer for me. Will company B has to contact
company A in order to file the H-1B transfer? Will company A has to provide
any document like payslip or sick leave proof?
 
Old Oct 10th 2004, 5:14 pm
  #2  
J. J. Farrell
Guest
 
Posts: n/a
Default Re: H-1B transfer, about previous company

"TechElites" <[email protected]> wrote in message news:<[email protected] om>...
    > I worked for company A as consultant, but they never try to find the project
    > for me. I have to find the job my self. Now I get an offer from company B
    > and they will file H-1B transfer for me. Will company B has to contact
    > company A in order to file the H-1B transfer?

No.

    > Will company A has to provide any document like payslip or sick leave
    > proof?

No. If you want to to transfer to the new company without leaving
the USA and re-entering, company B will have to show that you are
currently in H-1B status. This will require you to show that you
are actually working for your current sponsor (company A) and that
you are being paid the salary specified in your LCA. The usual way
to do this is to send your last two or three payslips. It's up to
you to show you are in status in this case, not company A.
 
Old Oct 11th 2004, 10:22 am
  #3  
TechElites
Guest
 
Posts: n/a
Default Re: H-1B transfer, about previous company

Thanks for the detail instruction. My case is a little different. Company A
is a technology consulting firm so they actually didn't have work/project
for me, and of course, I have no payslip. The first work/project I found was
work for company B, they prefer transferring visa. My H-1B status started on
10/01/2004. Company B might file for the application in one week, if not,
definitely in October. Is it safe to file for transfer without payslip in my
case? Company A already said that they can't give me payslip or sick leave
proof. Company A prefer to have corp to corp contract with company B. The
term will be 3 months contract to hire(transfer). Both company B and I
prefer transferring visa right away, but if transferring got denied, I will
be in great trouble. What is the possibility that transferring of visa is
denied in my case?



"J. J. Farrell" <[email protected]> wrote in message
news:[email protected] om...
    > "TechElites" <[email protected]> wrote in message
    > news:<[email protected] om>...
    >> I worked for company A as consultant, but they never try to find the
    >> project
    >> for me. I have to find the job my self. Now I get an offer from company B
    >> and they will file H-1B transfer for me. Will company B has to contact
    >> company A in order to file the H-1B transfer?
    > No.
    >> Will company A has to provide any document like payslip or sick leave
    >> proof?
    > No. If you want to to transfer to the new company without leaving
    > the USA and re-entering, company B will have to show that you are
    > currently in H-1B status. This will require you to show that you
    > are actually working for your current sponsor (company A) and that
    > you are being paid the salary specified in your LCA. The usual way
    > to do this is to send your last two or three payslips. It's up to
    > you to show you are in status in this case, not company A.
 
Old Oct 11th 2004, 4:00 pm
  #4  
Ingo Pakleppa - see web site for email
Guest
 
Posts: n/a
Default Re: H-1B transfer, about previous company

On Mon, 11 Oct 2004 22:22:33 +0000, TechElites wrote:

    > Thanks for the detail instruction. My case is a little different.
    > Company A is a technology consulting firm so they actually didn't have
    > work/project for me, and of course, I have no payslip.

Were you in the USA while waiting? If so, they broke the law. H-1Bs must
be paid regardless of whether or not there is a project. Benching is
explicitly illegal. Unfortunately, it also means that you were out of
status during that time.

You may be able to get company A to pay you for the time you spent waiting
for a project by filing an H-1B complaint, but do be aware that this may
also raise the issue of you being out of status.

    > The first work/project I found was work for company B, they prefer
    > transferring visa. My H-1B status started on 10/01/2004. Company B might
    > file for the application in one week, if not, definitely in October. Is
    > it safe to file for transfer without payslip in my case?

Discuss this with a competent immigration attorney.

    > Company A already said that they can't give me payslip or sick leave
    > proof. Company A prefer to have corp to corp contract with company B.
    > The term will be 3 months contract to hire(transfer). Both company B and
    > I prefer transferring visa right away, but if transferring got denied, I
    > will be in great trouble. What is the possibility that transferring of
    > visa is denied in my case?

Unfortunately, a denial is pretty likely.

    > "J. J. Farrell" <[email protected]> wrote in message
    > news:[email protected] om...
    >> "TechElites" <[email protected]> wrote in message
    >> news:<[email protected] om>...
    >>> I worked for company A as consultant, but they never try to find the
    >>> project
    >>> for me. I have to find the job my self. Now I get an offer from
    >>> company B and they will file H-1B transfer for me. Will company B has
    >>> to contact company A in order to file the H-1B transfer?
    >> No.
    >>> Will company A has to provide any document like payslip or sick leave
    >>> proof?
    >> No. If you want to to transfer to the new company without leaving the
    >> USA and re-entering, company B will have to show that you are currently
    >> in H-1B status. This will require you to show that you are actually
    >> working for your current sponsor (company A) and that you are being
    >> paid the salary specified in your LCA. The usual way to do this is to
    >> send your last two or three payslips. It's up to you to show you are in
    >> status in this case, not company A.

--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml

Please visit my new FAQ at http://www.kkeane.com (always under construction)

My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.

Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
 
Old Oct 12th 2004, 12:07 am
  #5  
TechElites
Guest
 
Posts: n/a
Default Re: H-1B transfer, about previous company

www.assureconsulting.com/faqs/
A lot of Q&A.

From above source, it seems that if company B apply for the transfer within
30 days and I have the SSN, the application may come through without
payslip.

From the same source, in another article it said that on bench without pay
for the first 30 days is legal.

Company B will have their lawyer check my case to decide whether to apply
for transfer or not. And it seems that the only obstacle is the fact that I
didn't have payslip. Company A already said that they won't give me payslip
or sick leave proof - maybe they are affraid of being illegal if they
provide the proof. Company A prefer contract to hire but company B prefer
transfer. Should I let go and trust company B to check my case and decide
whether to transfer or not? Should I talk to other lawyer myself?


"Ingo Pakleppa - see web site for email" <[email protected]> wrote in message
news:[email protected]...
    > On Mon, 11 Oct 2004 22:22:33 +0000, TechElites wrote:
    >> Thanks for the detail instruction. My case is a little different.
    >> Company A is a technology consulting firm so they actually didn't have
    >> work/project for me, and of course, I have no payslip.
    > Were you in the USA while waiting? If so, they broke the law. H-1Bs must
    > be paid regardless of whether or not there is a project. Benching is
    > explicitly illegal. Unfortunately, it also means that you were out of
    > status during that time.
    > You may be able to get company A to pay you for the time you spent waiting
    > for a project by filing an H-1B complaint, but do be aware that this may
    > also raise the issue of you being out of status.
    >> The first work/project I found was work for company B, they prefer
    >> transferring visa. My H-1B status started on 10/01/2004. Company B might
    >> file for the application in one week, if not, definitely in October. Is
    >> it safe to file for transfer without payslip in my case?
    > Discuss this with a competent immigration attorney.
    >> Company A already said that they can't give me payslip or sick leave
    >> proof. Company A prefer to have corp to corp contract with company B.
    >> The term will be 3 months contract to hire(transfer). Both company B and
    >> I prefer transferring visa right away, but if transferring got denied, I
    >> will be in great trouble. What is the possibility that transferring of
    >> visa is denied in my case?
    > Unfortunately, a denial is pretty likely.
    >> "J. J. Farrell" <[email protected]> wrote in message
    >> news:[email protected] om...
    >>> "TechElites" <[email protected]> wrote in message
    >>> news:<[email protected] om>...
    >>>> I worked for company A as consultant, but they never try to find the
    >>>> project
    >>>> for me. I have to find the job my self. Now I get an offer from
    >>>> company B and they will file H-1B transfer for me. Will company B has
    >>>> to contact company A in order to file the H-1B transfer?
    >>> No.
    >>>> Will company A has to provide any document like payslip or sick leave
    >>>> proof?
    >>> No. If you want to to transfer to the new company without leaving the
    >>> USA and re-entering, company B will have to show that you are currently
    >>> in H-1B status. This will require you to show that you are actually
    >>> working for your current sponsor (company A) and that you are being
    >>> paid the salary specified in your LCA. The usual way to do this is to
    >>> send your last two or three payslips. It's up to you to show you are in
    >>> status in this case, not company A.
    > --
    > Remember, I am strictly a layperson without any legal training. I
    > encourage
    > everybody to seek competent legal counsel rather than relying on usenet
    > newsgroups.
    > Please support H.R. 539, H.R. 832 and S. 1510. More information at
    > http://www.kkeane.com/lobbyspousal-faq.shtml
    > Please visit my new FAQ at http://www.kkeane.com (always under
    > construction)
    > My email address in usenet posts is now invalid for spam protection. See
    > my Web site for information on how to contact me.
    > Please feel free to enjoy some of my photographs at my Web site
    > http://www.ingopakleppa.com ! Comments are welcome.
    >
 
Old Oct 12th 2004, 6:56 pm
  #6  
Ingo Pakleppa - see web site for email
Guest
 
Posts: n/a
Default Re: H-1B transfer, about previous company

Can you identify specifically which questions and answers you are
referring to?

Talking to your own lawyer may be a good idea. From what I've heard so
far, it seems that B's lawyer is a bit more reliable, and I would pretty
much ignore any immigration information you get through A.

On Tue, 12 Oct 2004 12:07:38 +0000, TechElites wrote:

    > www.assureconsulting.com/faqs/
    > A lot of Q&A.
    >
    > From above source, it seems that if company B apply for the transfer within
    > 30 days and I have the SSN, the application may come through without
    > payslip.
    >
    > From the same source, in another article it said that on bench without pay
    > for the first 30 days is legal.
    >
    > Company B will have their lawyer check my case to decide whether to apply
    > for transfer or not. And it seems that the only obstacle is the fact that I
    > didn't have payslip. Company A already said that they won't give me payslip
    > or sick leave proof - maybe they are affraid of being illegal if they
    > provide the proof. Company A prefer contract to hire but company B prefer
    > transfer. Should I let go and trust company B to check my case and decide
    > whether to transfer or not? Should I talk to other lawyer myself?
    >
    >
    > "Ingo Pakleppa - see web site for email" <[email protected]> wrote in message
    > news:[email protected]...
    >> On Mon, 11 Oct 2004 22:22:33 +0000, TechElites wrote:
    >>> Thanks for the detail instruction. My case is a little different.
    >>> Company A is a technology consulting firm so they actually didn't have
    >>> work/project for me, and of course, I have no payslip.
    >> Were you in the USA while waiting? If so, they broke the law. H-1Bs must
    >> be paid regardless of whether or not there is a project. Benching is
    >> explicitly illegal. Unfortunately, it also means that you were out of
    >> status during that time.
    >> You may be able to get company A to pay you for the time you spent waiting
    >> for a project by filing an H-1B complaint, but do be aware that this may
    >> also raise the issue of you being out of status.
    >>> The first work/project I found was work for company B, they prefer
    >>> transferring visa. My H-1B status started on 10/01/2004. Company B might
    >>> file for the application in one week, if not, definitely in October. Is
    >>> it safe to file for transfer without payslip in my case?
    >> Discuss this with a competent immigration attorney.
    >>> Company A already said that they can't give me payslip or sick leave
    >>> proof. Company A prefer to have corp to corp contract with company B.
    >>> The term will be 3 months contract to hire(transfer). Both company B and
    >>> I prefer transferring visa right away, but if transferring got denied, I
    >>> will be in great trouble. What is the possibility that transferring of
    >>> visa is denied in my case?
    >> Unfortunately, a denial is pretty likely.
    >>> "J. J. Farrell" <[email protected]> wrote in message
    >>> news:[email protected] om...
    >>>> "TechElites" <[email protected]> wrote in message
    >>>> news:<[email protected] om>...
    >>>>> I worked for company A as consultant, but they never try to find the
    >>>>> project
    >>>>> for me. I have to find the job my self. Now I get an offer from
    >>>>> company B and they will file H-1B transfer for me. Will company B has
    >>>>> to contact company A in order to file the H-1B transfer?
    >>>> No.
    >>>>> Will company A has to provide any document like payslip or sick leave
    >>>>> proof?
    >>>> No. If you want to to transfer to the new company without leaving the
    >>>> USA and re-entering, company B will have to show that you are currently
    >>>> in H-1B status. This will require you to show that you are actually
    >>>> working for your current sponsor (company A) and that you are being
    >>>> paid the salary specified in your LCA. The usual way to do this is to
    >>>> send your last two or three payslips. It's up to you to show you are in
    >>>> status in this case, not company A.
    >> --
    >> Remember, I am strictly a layperson without any legal training. I
    >> encourage
    >> everybody to seek competent legal counsel rather than relying on usenet
    >> newsgroups.
    >> Please support H.R. 539, H.R. 832 and S. 1510. More information at
    >> http://www.kkeane.com/lobbyspousal-faq.shtml
    >> Please visit my new FAQ at http://www.kkeane.com (always under
    >> construction)
    >> My email address in usenet posts is now invalid for spam protection. See
    >> my Web site for information on how to contact me.
    >> Please feel free to enjoy some of my photographs at my Web site
    >> http://www.ingopakleppa.com ! Comments are welcome.

--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml

Please visit my new FAQ at http://www.kkeane.com (always under construction)

My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.

Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
 
Old Oct 13th 2004, 12:41 am
  #7  
TechElites
Guest
 
Posts: n/a
Default Re: H-1B transfer, about previous company

I asked the same question at Immigration forum on
http://forum.freeadvice.com/

The company B's lawyer will check the my case to ensure my case will be
approved. I think it's better to stay with them.


"Ingo Pakleppa - see web site for email" <[email protected]> wrote in message
news:[email protected]...
    > Can you identify specifically which questions and answers you are
    > referring to?
    > Talking to your own lawyer may be a good idea. From what I've heard so
    > far, it seems that B's lawyer is a bit more reliable, and I would pretty
    > much ignore any immigration information you get through A.
    > On Tue, 12 Oct 2004 12:07:38 +0000, TechElites wrote:
    >> www.assureconsulting.com/faqs/
    >> A lot of Q&A.
    >> From above source, it seems that if company B apply for the transfer
    >> within
    >> 30 days and I have the SSN, the application may come through without
    >> payslip.
    >> From the same source, in another article it said that on bench without
    >> pay
    >> for the first 30 days is legal.
    >> Company B will have their lawyer check my case to decide whether to apply
    >> for transfer or not. And it seems that the only obstacle is the fact that
    >> I
    >> didn't have payslip. Company A already said that they won't give me
    >> payslip
    >> or sick leave proof - maybe they are affraid of being illegal if they
    >> provide the proof. Company A prefer contract to hire but company B prefer
    >> transfer. Should I let go and trust company B to check my case and decide
    >> whether to transfer or not? Should I talk to other lawyer myself?
    >> "Ingo Pakleppa - see web site for email" <[email protected]> wrote in
    >> message
    >> news:[email protected]...
    >>> On Mon, 11 Oct 2004 22:22:33 +0000, TechElites wrote:
    >>>> Thanks for the detail instruction. My case is a little different.
    >>>> Company A is a technology consulting firm so they actually didn't have
    >>>> work/project for me, and of course, I have no payslip.
    >>> Were you in the USA while waiting? If so, they broke the law. H-1Bs must
    >>> be paid regardless of whether or not there is a project. Benching is
    >>> explicitly illegal. Unfortunately, it also means that you were out of
    >>> status during that time.
    >>> You may be able to get company A to pay you for the time you spent
    >>> waiting
    >>> for a project by filing an H-1B complaint, but do be aware that this may
    >>> also raise the issue of you being out of status.
    >>>> The first work/project I found was work for company B, they prefer
    >>>> transferring visa. My H-1B status started on 10/01/2004. Company B
    >>>> might
    >>>> file for the application in one week, if not, definitely in October. Is
    >>>> it safe to file for transfer without payslip in my case?
    >>> Discuss this with a competent immigration attorney.
    >>>> Company A already said that they can't give me payslip or sick leave
    >>>> proof. Company A prefer to have corp to corp contract with company B.
    >>>> The term will be 3 months contract to hire(transfer). Both company B
    >>>> and
    >>>> I prefer transferring visa right away, but if transferring got denied,
    >>>> I
    >>>> will be in great trouble. What is the possibility that transferring of
    >>>> visa is denied in my case?
    >>> Unfortunately, a denial is pretty likely.
    >>>> "J. J. Farrell" <[email protected]> wrote in message
    >>>> news:[email protected] om...
    >>>>> "TechElites" <[email protected]> wrote in message
    >>>>> news:<[email protected] om>...
    >>>>>> I worked for company A as consultant, but they never try to find the
    >>>>>> project
    >>>>>> for me. I have to find the job my self. Now I get an offer from
    >>>>>> company B and they will file H-1B transfer for me. Will company B has
    >>>>>> to contact company A in order to file the H-1B transfer?
    >>>>> No.
    >>>>>> Will company A has to provide any document like payslip or sick leave
    >>>>>> proof?
    >>>>> No. If you want to to transfer to the new company without leaving the
    >>>>> USA and re-entering, company B will have to show that you are
    >>>>> currently
    >>>>> in H-1B status. This will require you to show that you are actually
    >>>>> working for your current sponsor (company A) and that you are being
    >>>>> paid the salary specified in your LCA. The usual way to do this is to
    >>>>> send your last two or three payslips. It's up to you to show you are
    >>>>> in
    >>>>> status in this case, not company A.
    >>> --
    >>> Remember, I am strictly a layperson without any legal training. I
    >>> encourage
    >>> everybody to seek competent legal counsel rather than relying on usenet
    >>> newsgroups.
    >>> Please support H.R. 539, H.R. 832 and S. 1510. More information at
    >>> http://www.kkeane.com/lobbyspousal-faq.shtml
    >>> Please visit my new FAQ at http://www.kkeane.com (always under
    >>> construction)
    >>> My email address in usenet posts is now invalid for spam protection. See
    >>> my Web site for information on how to contact me.
    >>> Please feel free to enjoy some of my photographs at my Web site
    >>> http://www.ingopakleppa.com ! Comments are welcome.
    > --
    > Remember, I am strictly a layperson without any legal training. I
    > encourage
    > everybody to seek competent legal counsel rather than relying on usenet
    > newsgroups.
    > Please support H.R. 539, H.R. 832 and S. 1510. More information at
    > http://www.kkeane.com/lobbyspousal-faq.shtml
    > Please visit my new FAQ at http://www.kkeane.com (always under
    > construction)
    > My email address in usenet posts is now invalid for spam protection. See
    > my Web site for information on how to contact me.
    > Please feel free to enjoy some of my photographs at my Web site
    > http://www.ingopakleppa.com ! Comments are welcome.
    >
 

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