H1 Transfer

[patelkeyur]

What is the name of your state?What is the name of your state? NJ

I am on OPT and my OPT is valid till Feb 2005. My current employer has processed my H1 and is approved for Oct 2004 quota. However, my H1 starting date is November 11th 2004. Can I transfer my H1 now even before it has started for my current employer? Heard that I should have atleast few pay stubs from the employer for which I hold H1 (after the H1 has started) before I can apply for transfer!

Thanks in advance,
Keyur

 

[ImmigAttyLana]

No, you cannot transfer yet because you are not yet IN H1-B status. You can only transfer if you are maintaining valid H-1B status and until it becomes effective in November, you are not in H-1B status.

 

[patelkeyur]

So, if my H1 Start date is 11th Nov 2004, can I apply for transfer on 12th Nov? When exactly can I apply for transfer after H1 starting date?

Thanks Lana for timely help

Keyur

 

[mca]

Answer:

It is very unfortunate, not to mention an act of misrepresentation, that you acted as a beneficiary for an H-1B position that you did not have interest in working in. This exploits the Service's limited resources, not to mention directly and negatively impacts other foreign workers who like yourself strongly desire to work in the U.S. in H-1B status. Additionally, if we understand correctly, it would appear that you may have misled your sponsoring employer as to your intent to work for that company in H-1B status. The company may have expended funds in reliance on your representations which in some cases can justify a legal cause of action to seek from an H-1B beneficiary the reasonable costs spent on your behalf (the actual monetary damages suffered) based on your misrepresentations to the company. (Specifically what claim, if any, they may bring turns on state law and the particulars of your case. ) In the large picture this can also harm the future of other foreign workers who legitimately desire to work for companies in the U.S. because as actions such as yours may discourage some employers from being willing to sponsor future H-1B's. You have furthermore taken a space that may have otherwise been put to effective use by another foreign worker.

 

[patelkeyur]

MCA,

You dont like my name or you are good at carping? What do you know about me or my company that helps you make all such assumptions? Your understanding is not correct. If you have answer to my question then please help me.